What if the testator had not contemplated the possibility that both of his children would die without issue?

The testator simply did not turn his mind to the possibility that both his children would die without issue, that the three nieces would die without issue and that the nieces and nephew would all predecease his last living child. If he had considered this possibility, he may have provided that the issue of the nieces and nephew would be entitled to share in the residue even if not all the nieces and nephew produced issue. However, he did not do so. I cannot assume that the testator intended anything other than that which is expressed in the will. In this regard, I adopt the following passage of the Earl of Halsbury, L.C. in Inderwick v. Tatchell, [1903] A.C. 120 at 122 (H.L.): I so far go with the contention of the appellants here, that I think it is quite possible – nay, I may go further and say I think it is probable – that if the testator had contemplated the particular event that has happened in this case he would have provided for it. But with that single observation, I am not at liberty, because an event has happened which I think has not been provided for, to conjecture what the testator would have provided if he had thought of it beforehand….I am very reluctant to encourage the suggestion that you may wander from the actual words of a will into the region of conjecture as to what is reasonable to suppose a testator would have done had he contemplated a certain event happening.