Western Law Reporter (Canada) and Index-Digest Volume 34

Western Law Reporter (Canada) and Index-Digest Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...ESTATE O1" LAURA. S. MILLER. 621 respect to the present will. The last will, in terms, revoked the previous will and such revocation ensues, even though it were held that there was intestacy as to the real estate owned by the deceased or that it could not be charged with payment of the legacies. See Sothem v. Dening, 20 Ch. D., p. 99. There was no evidence offered as to the instructions given with respect to either of the wills. It would have been preferable if oral evidence had been adduced instead of affidavits. The first will is different in. its phraseology to that of the last one, but the general purport seems to be the same in both cases, i.e., that the parties mentionedlwere (using the words of the second will) to "have" the respective sums mentioned in the wills. It does not appear to have been considered necessary in order to effect this object to designate the source from which the moneys would arise. The real estate is not referred to nor charged with the payment of these amounts. Without such a specific direction, can I come to the conclusion that the will should be so construed aud the real estate so dealt with? I should in the first place determine what was the testatrix' intention. Chancellor Boyd, in Lobb v. Lobb, 22 O. L. R., .p. 15, at p. 16, deals with the matter as follows: --" The question is as to the testator's intention, and by this is meant such an intention as a reasonable man placing himself as has been said 'in the testator's chair' would suppose the testator had, having in view all the surrounding circumstances.." Lord Cairns in Charter v. Charter (1874), 7 H. L., at 337, says that in considering the terms of a will: --I "The court has a right to...show more

Product details

  • Paperback | 454 pages
  • 189 x 246 x 23mm | 803g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822323
  • 9781236822321