› Devise to ‘A’ for life, remainder to such of her children as survive and attain twenty-one years but if no such children “then and in that event to” ‘B’ and ‘C’
› ‘A’ is eighty-three and without children
› ‘B’ and ‘C’ die before termination of life estate
› whether gift over of remainder to ‘B’ and ‘C’ fails and falls into residue or whether remainder vested in interest in ‘B’ and ‘C’ subject to defeasance
› rule in Boraston’s Case.
HELD: Remainder vested in interest in ‘B’ and ‘C’ during their lives.
Case Details
Citation[2009] NSWSC 272
CourtNSWSC
JurisdictionNew South Wales
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