A. John Sanders

The Estate Trustee applied for advice and direction regarding the distribution of a lapsed residuary gift in the testator's will.

The will did not provide a gift-over for a share left to the testator's sister, who predeceased her.

The court applied the 'armchair rule' to determine the testator's intention, finding that she intended to benefit her named residuary beneficiaries rather than distant relatives on an intestacy.

The court ordered the lapsed share to be paid to the surviving residuary beneficiary.

The applicant appealed two Orders to Remedy Unsafe Building issued by the Chief Building Official (CBO) for the City of St. Thomas, seeking to quash the orders and obtain an injunction against demolition.

The court, hearing the consolidated applications as appeals under the Building Code Act, reviewed the CBO's decisions on a standard of reasonableness.

Based on extensive engineering reports detailing severe structural deterioration, lack of owner's funds for repairs, and inadequate insurance, the court found the CBO's conclusion that the building was unsafe to be reasonable.

The applications were dismissed, and the CBO's orders were confirmed.