PHILLIPS & ANOR V. PHILLIPS

• Pages: 203-209

PHILLIPS & ANOR V. PHILLIPS

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The quantum of damages does not now arise for consideration. We would

only point out that the Judge did not record a finding as to the extent of the an-

nual financial loss suffered by those whom he held to have been dependants of

the deceased woman, or say how he arrived at the total sum awarded. It is easier

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for an appeal court to decide whether the damages awarded can be upheld if it

knows how they were assessed, and we hope that in cases of this kind judges will

set out the reasoning by which they arrive at their final estimates.

The appeal is allowed, the judgment of the High Court and the order for costs

are set aside, and the action is dismissed. In the court below the defendants sub-

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mined that the plaintiff had failed to prove that he was married to the deceased

woman, but it does not appear that they made the further submission, which has

been decisive of the appeal, that the whole action should be dismissed for this

reason. We award them 50 guineas costs of the proceedings in the High Court

and 40 guineas costs of the appeal.

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Appeal allowed.

PHILLIPS & ANOR V. PHILLIPS

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BISHOP S.C. PHILLIPS

T.K.E PHILLIPS

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V.

R.T. PHILLIPS

SUPREME COURT OF NIGERIA

ADEMOLA,

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J.S.C.

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BRETT,

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J.S.C.

LEWIS,

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J.S.C.

16th June, 1967

APPELLANTS

RESPONDENT

SUIT NO. SC 455/1966

frills - Charitable gifts - Direction by testator that "trustees shall at their discretion

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....rent or sell "testator"s house and use proceeds therefrom on a scheme

"whereby my name will be continually kept in remembrance or perpetuated

in connection with the work of the Lagos Church Missions" - Whether valid.

ISSUES:

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1. Whether the words "at their (the trustees) discretion" contained in a Will amounts

to a direction that the particular mode of application within the charitable

purposes of the legacy is to be settled by the trustees.

2. Whether the overwhelming intention of the testator should be given any

construction other than that which would make the gift effectual, where there is

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some doubt as to the true object of the trust.

FACTS:

One Adolphus Phillips, uncle to the plaintiff who were the executors and trus-

tees, made a Will in which he devised his house, the property in dispute to his

daughter for life, directing that his wife should continue to live in the premises dur-

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ing her life time. It was the testator's wish that his son, the respondent, should be

permitted to live in two small rooms in the house, subject to certain conditions,

and that should he survive his mother and sister he should not be allowed to re-

main in the said rooms for more than three months after that event.

There was a further direction in the testator's Will that:-