The appellant appealed a judgment interpreting the will of Eleanor Martha Devonport.
The application judge found that a specific bequest of the Hopewell Avenue property to the testator's predeceased son passed to the son's wife pursuant to section 31 of the Succession Law Reform Act (the anti-lapse provision), rather than lapsing into the residue of the estate.
The appellant argued the will showed a contrary intention and that the solicitor's evidence should have been admitted.
The Court of Appeal dismissed the appeal, finding no error in the application judge's interpretation of the anti-lapse provision or the will's terms.
The court also upheld the occupation rent requirement, finding it was properly raised and calculated.
