CONSTRUCTION OF A WILL

Dominion, Volume 11, Issue 191, 2 May 1918, Page 7

CONSTRUCTION OF A WILL

The Cliiof Justieo (Sir Bobert Stout) delivered his reserved judgment in the feupreme Courli yesterday in the matter or an originating summons asking the opinion of the Court as to'tho construction of tho will of Edward Tin°ey deceased. A clause- of tho will , directed the trustees of tho estate to pay mortgage and other debts, together with the funeral and testamentary expenses and duty, out of the life insurance policies existing at the time of death, but these T/ere found insufficient. A subsequent clause provided that any deficiency should bo made u.p out of the residuary estate. The judgment continued (hat tho position was that the total debts, duty, and testamentary expenses were .£5920, while the total amount of the- insurance -policies and other residue given for such payment amounted to i-JOSS. If the debts and testamentary . xpenses alone had been charged, there would have been sufficient to pay these, but there was not sufficient to pay duty in addition. The answer to the questions in the originating summons was that tho provisions of Section 1G of (he Administration Act must be followed, i.e., each of his specifically dovised or bequeathed estates shall be liable to make good the deficiency in proportion to tho value of each of those estates.