Can a residuary gift to a beneficiary in the lifetime of the testator be considered a gift to the residuary beneficiary?
Saskatchewan, Canada
The following excerpt is from Bentley v. Canadian Bank of Commerce;McCabe Estate, In re, 1922 CanLII 110 (SK QB):
The question as to whether the rule as to gifts by will lapsing by reason of the death of the beneficiary in the lifetime of the testator extends to a residuary gift, and whether or not under the circumstances set out in this will it could be considered that the executor was taking a beneficial interest so as to take the residue, is disposed of in Bennet v. Bachelor, 1 Ves. 63, 3 Bro. C.C. 28, and in the cases referred to in the headnote by the author of the report in 29 E.R. 389. In Bennet v. Batchelor, supra, it will be noted that a gift to a residuary beneficiary, also made one of several executors, was held to have lapsed by the death of the beneficiary in the lifetime of the testator.
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