Howard S. Black

The testator left seven rental properties to his daughter, provided she pay $1,300 monthly from the rent to his widow.

The motions judge found this provision to be a void condition subsequent and an unlawful restraint on alienation, granting the properties to the daughter absolutely.

The Court of Appeal allowed the appeal, holding that the provision was an internal limit on the gift that reflected the testator's clear intention to benefit both his daughter and his widow.

The daughter is entitled to the properties subject to the requirement to make the monthly payments during the widow's lifetime.

The appellants appealed a trial judgment dismissing their claims regarding interests in an estate under the doctrine of mutual wills, constructive trust, and as beneficiaries of a family trust.

The trial judge found no agreement to execute mutual wills and upheld the trustee's encroachment on the trust in favour of another beneficiary, finding it was done in good faith to protect family businesses.

The Court of Appeal dismissed the appeal, holding that the trial judge's detailed findings of fact and credibility assessments were well supported by the evidence and no palpable and overriding error was demonstrated.

The appellant appealed a decision interpreting her late husband's will.

The motions judge had found that a provision directing the executor to transfer the deceased's interest in the matrimonial home to the appellant 'during her lifetime' conveyed only a life interest, with the residual interest going to the deceased's children.

The Court of Appeal allowed the appeal, finding that the will did not otherwise dispose of the residual interest in the home and that the phrase 'during her lifetime' was intended to mean 'if she survives me.' The Court held that the appellant was entitled to the deceased's full interest in the matrimonial home.