JOY v. CURATOR OF THE ESTATES OF DECEASED PERSONS

21 VLR 620·A’BECKETT, J.
21 VLR 620
21 VLR 620
JOY v. CURATOR OF THE ESTATES OF DECEASED PERSONS Supreme Court of Victoria A’BECKETT, J. 15 October 1895 Will — Construction — Intention — The Land Act 1869 (No. 360), s. 20 — Selection — Crown lease — Inchoate right to fee — Personal estate — Real estate — Bequest to illegitimate children — Afterborn illegitimate child — Name of mother not stated — Gift to several named persons on certain event — Death of one before event — Lapse .

Inasmuch as the interest of a lessee from the Crown of land under The Land Act 1869 (No. 360) includes the right to the fee simple of the land on payment of certain rent by him, such interest is divisible into an interest in the lease, which may be regarded as personal estate, and an inchoate right to the fee on payment of what may be regarded as purchase-money, which must be treated as real estate. But if a person by his will leaves his personal estate one way and his real estate another, the Court-will treat it as absurd to suppose that he intended to divide his estate in such land into such two interests where the lease had but a year or two to run, and will hold that he intended his whole interest therein to go under the devise of his "real estate," although he has other real estate to which those words may apply.

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21 VLR 620

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