was necessary that each selector should solemnly declare that the -
land was taken up solely for his own benefit to the exclusion of
every other person. [t was not unusual in Victoria, or in other
States where similar Acts were in force, for what has been called
"family selections" to be made. Each selector was bound to
reside on his selection, but did not do so, the whole of the
selections being treated as a family estate. It appears that that
is what was done in this instance. None of the selections were
treated otherwise than as part of a single estate, or managed
apart from the rest. The father paid the rent, not the children.
Later, the father desired to sell the property as a whole, and con-
sulted with his children as to what was to be done with their
selections. The plaintiff, at any rate, agreed that her father might
sell her land with his. Various versions were given of what is
alleged to be the contract made when she gave that consent. There
was, of course, from the first no definite agreement between the
father and daughter as to what should be their legal relationship
in respect of the land. What that relationship was in point
of law is to be inferred from the facts. The whole matter
depended upon tacit mutual understanding, which was, indeed,
the only possible basis for such a transaction, having regard to
the stringency of the law as to personal residence and beneficial
ownership. These being the relations between the father and
daughter when the proposal was made to sell the whole estate,
consent was given by the plaintiff to the sale of her land with
the rest. The agreement alleged in the statement of claim is
that in consideration that the plaintiff would transfer her land
to the proposed purchaser the father would "by his last will
leave to the plaintiff a full or equal share of his estate passing
under such will, that is to say, a share equal to the share to be
given by the will to such of his children as had no land or
as should transfer the lands held by them respectively to a
purchaser in accordance with the wishes of" the father. That
is the form in which the plaintiff's advisers after consideration
determined to allege the promise. The actual evidence with
regard to the promise is given by the plaintiff. She said: "My
father on 3rd March told me what his arrangements were,
what he intended to do with those who allowed their land