This appeal concerned the interpretation of a will where the named remainderman died before the life tenant.
The court held that the devise to the sister was incapable of taking effect within the meaning of s.27 of the Wills Act and, absent contrary intention, was swept into the residue.
Reading the will as a whole, the court found the testator intended the ultimate beneficiaries to be the sister and her heirs, and not to enlarge the widow’s interest beyond a lifetime right of occupation.
The appeal was allowed and a declaration issued that the property passed to the sister’s estate.
