The applicants, trustees of their mother's estate, sought direction regarding the sale of the family farm and an order for vacant possession against the respondent who continued to farm it.
The will provided an option for the children to purchase the farm at a discount within one year, failing which it would be sold on the open market with unequal distribution of proceeds.
Multiple children submitted competing offers within the year.
The court found the will void for uncertainty regarding how to handle competing offers, but severable from the distribution clause.
The court directed the trustees to sell the property on the open market and distribute proceeds unequally as per the will, and granted the order for vacant possession.
