The Bank of Nova Scotia Trust Company, as Estate Trustee, sought court advice on interpreting a 1957 will establishing a charitable remainder trust.
The will's language was unclear regarding income beneficiaries among the Testator's grandchildren and the trust's administration.
The court determined that only Betty Burnett and Kathryn Baker were entitled to income, not Rosalie Anita Grimes or Robert Alan Jackson, due to specific conditions in the will regarding the number of children of the Testator's son.
The court also confirmed the trust's perpetual charitable nature, ruling against any wind-up or variation for the benefit of descendants without the Public Guardian and Trustee's consent, which was not given.
