HOME-MADE WILL

Dominion, Volume 25, Issue 168, 12 April 1932, Page 8

HOME-MADE WILL

Widow’s Benefits Queried INTERPRETATION BY COURT The meaning of a home-made will is the subject of a decision just issued by Mr. Justice Smith. The will was that of William Wallace, of Hamilton, farmer, and the parties arguing its meaning before his Honour were the widow, Elizabeth Emma Wallace, as plaintiff, and her five children, as defendants. . , The will, which was made on a printed form, stated: “I give, devise and bequeath all my property to my wife, Elizabeth Emma, to be held in trust by her for the benefit of our children. The said Elizabeth Emma to have control of the estate during her lifetime.” The question raised was whether the widow took any beneficial Interest under the will. Counsel for both plaintiff and defendants argued, that the effect bf the ■will was to create a life estate in the whole of the testator’s property in the wife with remainder to the children, but his Honour was unable to accept this interpretation. '■ “The testator may not have intended to exclude his wife from a beneficial interest in his estate,” said his Honour, “but he has used words which, in my opinion, show that the whole beneficial interest was given to the children. I think that the wife’s remedy lies under the Family Protection ‘Act. The answer to the question asked by the originating summons is that the widow takes no beneficial interest under the will. The costs of the parties as between solicitor and client are to be taxed by the registrar and paid out of the estate.”