What is the testator's view on the absolute nature of a gift?

Saskatchewan, Canada


The following excerpt is from Yarmie v. Panchyshyn, 1952 CanLII 179 (SK CA):

Embury, J. at p. 77 in his reasons for judgment stated that it was possible to take two views: (1) That the widow was to take absolutely; (2) That the widow was to have unrestricted enjoyment and control of the estate during her lifetime and if any of the estate still remained at her death it should go to the children. He expressed the opinion that the first view was correct, pointing out that the testator, making a gift to his wife absolutely “as long as she may live,” might consider that these words emphasized the absolute nature of the gift. In reaching the conclusion that the gift was absolute he cited In re Jones; Richards v. Jones, supra.

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