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In re Shipherd Guardian Trust and Executors Company of New Zealand Limited v Smales - [1952] NZLR 33

$30.00

High Court Wellington
9 October; 12 November 1951
Fell J
Will — Construction — Restraint on Alienation — Bequest to Son of Half-share in Income of Residue "without power of alienation or anticipation" — Proviso that Son's Share in Capital of Residue should not during His Lifetime pass by Bankruptcy or be taken in Execution — Such Share vested without Restriction on Voluntary Alienation — No Clear Expression of Intention as to Trustee's holding Capital of Son's Share — Son entitled to Transfer thereof — Property Law Act, 1908, s 24.

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