Recitals-

1. Mrs Susan Eileen Mahon of Mount Herbert Estate, Kangaroo Flat in the State of Victoria who died on 15 December 2001 bequeathed to the University-

   'The sum of ONE HUNDRED THOUSAND DOLLARS . . . I WISH the interest from my bequest and where necessary, the capital, to be applied to a scholarship to be awarded to a blind student enrolled in an undergraduate degree in the Faculty of Music. The terms and conditions of the SUSAN EILEEN MAHON SCHOLARSHIP are to be determined by the University Council on the recommendation of the Dean of the Faculty of Music. If at any time and for whatever reason it becomes impracticable or impossible for the University to continue to apply the fund for the purpose or purposes directed by me, then the Council may, with the consent of my Trustees, apply the income of the funds and, where necessary, the capital, for such other purpose or purposes as the Council determined are most closely in accordance with my direction.'
   

2. Mrs Mahon who was an Associate of the London College of Music at the age of 12 believed that the Conservatorium and subsequently the faculty of Music represented her ideal of the pinnacle of music. Since both the testatrix's mother and grandmother had gone blind and believing that she herself might go blind, she decided to establish a scholarship for a blind student.
   

3. The University received the sum of $100,000 in satisfaction of the bequest.
   

1. The sum of $100,000 and any interest forms a fund called the Susan Eileen Mahon Scholarship Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.
   
   

2. The Susan Eileen Mahon Scholarship is to be open for award annually to a blind student enrolled in an undergraduate degree in the faculty of Music.

3. The scholarship is to be awarded by Council on the recommendation of the dean of the faculty of Music ('the dean').

4. The scholarship is to be awarded on such terms and conditions as Council on the recommendation of the dean may determine.

5. The value of the scholarship is to be the net annual income of the fund unless Council on the recommendation of the dean considers it necessary to have resort to the capital of the fund for the purpose of providing the scholarship.

6. If at any time and for whatever reason it becomes impossible or impractical to apply the fund towards providing the scholarship, Council on the recommendation of the dean may apply the income and where necessary the capital for such other purpose or purposes as are most closely in accordance with the testatrix's wishes.