In what circumstances will a testatrix be able to give over the income of her adopted daughter's husband's income if the husband of the Testatrix's adopted daughter dies?
Saskatchewan, Canada
The following excerpt is from Muirhead Estate (Re), 1919 CanLII 230 (SK QB):
In Allan v. Jackson (1874) 1 Ch. D. 399, 45 L.J. Ch. 310, the facts were that a testatrix gave the income of certain property to her niece (who was her adopted daughter) and her niece’s husband during their joint lives, and to the survivor during his or her life, with a proviso that if the husband survived his wife and married again the property should go over. The husband survived his wife and married again. It was held that the proviso was valid and that the gift over took effect.
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