The appellant appealed the application judge's interpretation of a clause in his mother's Will regarding the disposition of a family cottage.
The clause bequeathed the cottage to the appellant provided its value was deducted from his share of the estate residue.
The cottage's appraised value exceeded his share of the residue, and the application judge held he had to pay the shortfall to the estate to receive title, to preserve the deceased's intent to treat her children equally.
The Court of Appeal found no palpable or overriding error in this interpretation and dismissed the appeal.
Leave to appeal the costs order below was denied, and the appellant was ordered to pay the respondents' costs of the appeal on a partial indemnity basis.
