When a testator gives real estate to one who directs to pay a legatee named in the will, what is the testator's obligation to pay the legatees?
Saskatchewan, Canada
The following excerpt is from Repeta Estate, In re, 1922 CanLII 162 (SK CA):
In the Ontario case of Robson v. Jardine, 22 Gr. Ch. 420, Blake, V.C., laid down the following rule, which I think is properly deducible from the many authorities cited by him: I think the cases warrant the conclusion that, where a testator gives real estate to one, who he directs to pay a legatee named in the will a sum of money, and the devisee accepts the devise, he takes the premises on the condition that he pays the legatee; and the land is in his hands subject to this burden, and liable for the fulfilment of this obligation.
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