Wilson v Murray

The High Court of Australia heard an appeal in *Wilson v Murray*. The dispute concerned the interpretation of a clause in a will that bequeathed a property to the testator's son, with a provision that if the son died without issue, the property would pass to the testator's daughter. The son had died without issue, and the daughter claimed entitlement to the property.

The central legal issue before the High Court was whether the gift over to the daughter was void for remoteness, or whether the condition precedent to the gift over (the son dying without issue) was sufficiently certain to be given effect. This required the court to consider the rule against perpetuities and its application to contingent future interests.

The High Court held that the gift over to the daughter was valid. The Court reasoned that the condition precedent was not too remote, as it was certain to occur or fail within the perpetuity period. The son's death without issue was an event that would necessarily happen within his lifetime, which is well within the perpetuity period. Therefore, the gift over was not void for remoteness, and the daughter was entitled to the property.