What is the test for vesting a will for the purposes of determining who is to be a devisee under a will?
Saskatchewan, Canada
The following excerpt is from Peter Estate (Re), 1952 CanLII 185 (SK CA):
In Duffield v. Duffield, supra, Best, C.J. says at p. 334: “The estates are riot given to any particular children by name, but to such children as shall attain the age of twenty-one years. Until they have attained that age, no one completely answers the description which the testator has given of those who are to be devisees under his will, and therefore there is no person in whom the estates can vest. It is an established principle of law, recognized by all the cases that are in the books, and founded on the nature of things, that estates must remain contingent until there be a person having all the qualifications that the testator requires, and completely answering the description given of the object of his bounty in his will.”
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