This decision interprets the will of William Archibald Stewart, focusing on the vesting and abatement of gifts of farm properties to his sons, Robert and Winfield, and the impact of subsequent events including the assignment of a mortgage to William’s widow, Edith, and her own testamentary dispositions.
The court addresses whether gifts vested at William’s death or Edith’s, the effect of the mortgage assignment, the abatement of gifts to pay estate liabilities, and related issues of constructive trust, unjust enrichment, and executor liability for tax consequences.
