How have the words "gift" and "garnishment" in clause 3 of the Statement of Claimant's Notice of Claim to the Court of Appeal been interpreted?
Saskatchewan, Canada
The following excerpt is from Watkin Estate, 2003 SKQB 37 (CanLII):
In the dissenting opinion of Cartwright J. at p. 506-07, he observes as follows: ... I would have thought that there was a great deal to be said for the view that as at the date of his death the testator had parted with the Adelaide Street property the legacy to the appellant was adeemed and further inquiry was unnecessary, but I agree with the learned judge of first instance that the case of Hicks v. McClure is indistinguishable from the case at bar and requires us to construe the words of clause 3 as a gift not of the Adelaide Street property but of the proceeds of the sale thereof so long as those proceeds retain a form by which they can be identified as such.
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