In what circumstances will the court order that the interest vested upon the death of the testator be divested only by the remainderman?
Saskatchewan, Canada
The following excerpt is from Rauckman Estate (Re), 1969 CanLII 608 (SK QB):
In Smither v. Willock (1804) 9 Ves 232, 32 ER 592, where a similar situation was encountered, the court ruled that the interest vested upon the death of the testator, subject to be divested only by death of the remainderman, during the life of holder of the life interest, if he left children.
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