[1962] VR 596
Re BRUSH, deceased
Re BAIRD, deceased
LE GRAND v BRUSH
SUPREME COURT OF VICTORIA
ADAM, J
7, 20 March 1962
[1962] VR 596
Administration and probate — Common disaster — Uncertainty as to order of
deaths — Presumption younger survived elder — Property Law Act 1958 (No.
6344), s184.
.
Where two persons who, by their wills have left the whole of their respective
estates to each other, die in a common disaster in circumstances rendering it
uncertain who survived the other, s184 of the Property Law Act 1958 applies
and it is presumed that the younger survived the elder; the estates of both,
therefore, devolve upon those entitled on intestacy in the estate of the
younger person. The words "(subject to any order of the Court)" in s184 of the
Property Law Act 1958 do not confer on the Court a discretion to apply or
refuse to apply this statutory presumption according to its notions of
justice; quaere, as to whether the words have any significant meaning at all.
Re Lindop, [1942] 1 Ch 377; [1942] 2 All ER 46; Re Grosvenor, [1944] 1 Ch 138;
[1944] 1 All ER 81; sub nom. Hickman v Peacey, [1945] AC 304; [1945] 2 All ER
215, considered.
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[1962] VR 596
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