[1981] VR 13
KOTSAR v SHATTOCK
SUPREME COURT OF VICTORIA FULL COURT
STARKE, CROCKETT and SOUTHWELL, JJ
18, 21 April, 08 May 1980
[1981] VR 13
Will — Construction — Condition precedent — Condition subsequent — Rule in
Phipps v Ackers — Condition subsequent for divesting of vested interest — Degree of certainty necessary for a condition subsequent — "She shall then be
resident in any of the countries of the British Commonwealth of Nations" not
void for uncertainty.
.
The executor of a will held the residuary estate on trust for the appellant
"if and when she shall attain the age of twenty-one years provided that upon
the attainment of such age she shall then be resident in one of the countries
of the British Commonwealth of Nations", and "in the event of the failure of
the above trust to pay and transfer" the residue to certain charitable
institutions.
The appellant reached the age of twenty-one; and then and at all material
times she was a resident of Estonia, one of the Soviet Socialist Republics. On
the hearing of an originating summons it was held that she was not entitled to
the residue, and on appeal:
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[1981] VR 13
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