What is the testator’s interpretation of a will when he appointed his wife to be his sole executrix and trustee?

Saskatchewan, Canada


The following excerpt is from Johnson, Re, 1957 CanLII 188 (SK CA):

At the outset the learned Chief Justice says he sees no point in reviewing the authorities and then goes on to say, “especially do I refer to the case of In re Shaker’s Estate; Bromley v. Reed [1937] 3 All ER 25,” the headnote of which in summary gives an accurate report of the case reads: “A testator appointed his wife to be his sole executrix and trustee, and after her death his two nephews to be the executors and trustees of his will. He gave all his property, both real and personal, to his wife, her heirs, executors, administrators and assigns respectively, upon trust to deal with the same by way of conversion, realization, investment or otherwise as she in her absolute discretion might think proper, and without regard to any restriction or limitation of law or otherwise imposed upon trustees or executors, and to retain the income thereof for her own use and benefit absolutely with power to convert to her own use from time to time such part or parts as she might think fit of the capital of the testator’s real and personal estate, and after her death the testator gave all his said property, or so much thereof as should not have been converted by his wife to her own use, to his trustees upon trust for sale and conversion for the benefit of themselves and other nephews and nieces. Upon the death of the testator, his widow caused a statement to be drawn up in which she set out the property and the terms of its administration, stated that the debts and funeral expenses had been paid and declared that she had converted the whole of the property to her own use: “Held: The will gave the widow a life interest in and a general power of appointment over the testator’s estate. The declaration was a sufficient exercise of this power, and the whole had become vested in the widow absolutely.” He then goes on to say: “In my opinion the affidavit of the widow filed herein indicating the intention of the husband and wife when the will was made gives a fair interpretation that should be put upon the will.”

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