The applicant husband brought an application seeking directions on the interpretation of his deceased wife's will, the removal of the estate's executors, and an immediate distribution of $652,705.35.
He argued that the will's treatment of his life interest in one-quarter of the residue created a partial intestacy upon his death.
The court rejected this interpretation, applying the golden rule of construction to find that the testatrix intended the remainder of his share to be divided among the other three shares.
The court also dismissed the claims for immediate distribution and removal of the executors, finding no maladministration and noting that the estate's delayed income was due to a separate foreign estate not controlled by the executors.
