This application sought the court's opinion and direction on the interpretation of a deceased's handwritten will.
The primary issues were whether a residual gift to the testator's sons was conditional on the testator and his wife dying during a specific trip, and the effect of a subsequent clause regarding the distribution of cash assets and memorabilia.
The court applied the "armchair rule" to ascertain the testator's subjective intention, concluding that the residual gift was not conditional and that the subsequent clause was void for repugnancy as the estate had already been fully disposed of.
