Applicants sought to set aside a will that disinherited one daughter and left the estate to the other daughter and her children.
The court accepted uncontradicted extrinsic affidavit evidence that the testator's reason for the disinheritance was that the disinherited daughter had a child with a Caucasian man.
Applying the public policy doctrine, the court held the racist basis for the testamentary disposition rendered the will contrary to public policy, notwithstanding that the will's text was facially neutral.
The will was set aside, an intestacy resulted under the Succession Law Reform Act, and the estate was to be divided equally between the daughters.
