(1926) JELR 80286 (PC)    
Privy Council  ·  [1926] UKPC 2 (12 July 1926) ·  12 Jul 1926 ·  United Kingdom
Other Citations
[1926] UKPC 2, [1926] UKPC 69, [1926] AC 788
Core Terms Beta
appellant douglas
court of appeal
harry herbert
supreme court
trust estate
best moment
common agent
payment of interest
unpaid purchase-money
acceptance of the offer
additional trustee
better illustration
costs of this appeal
date of the various transactions
direct association
edward fondi
e. g. wright
eldest son harry herbert wright
following clause
following order
following words
interest of edward fondi
interest of his mother
interim judgment
name of douglas
position transfers of part
practical management of the real estate
present appeal
public auction
purchase of real property
purposes of the trust
registrar of this court
residue of his estate
rest of the property
right of live-eighths of the residue
right of the option
said edward fondi
said harry herbert wright
sale of any parts of the property
scotch case
son douglas
son harry herbert wright
terms of an agreement
whole residue

[Delivered by VISCOUNT DUNEDIN.]

Though the full story out of which the present appeal arises is a complicated one, it is possible to set forth the facts on which the appeal really depends at no undue length.

E. G. Wright died on the 12th August, 1902. He was the owner of, inter alia. two landed estates known as Surrey Hills and Windermere in the County of Ashburton, New Zealand. He left a will dated the 28th February, 1889. whereby he appointed as trustees and executors his wife. who survived him, and his eldest son Harry Herbert Wright.

After certain specific bequests which need not be particularised. he left the residue of his estate. which included the above-mentioned landed estates and the stock upon them, to his trustees in trust. The purposes of the trust were to convert and sell the whole residue and divide it into eight shares. which eight shares were to be conveyed as follows : -

2 shares to Harry Herbert;

1 share to his wife;

1 share to Edward Fondi a son;

1 to Douglas a son, and …

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