Does a clause in a will which states that the real estate and personal estates of the deceased bequeathed to the executors of his will constitute a general fund for his funeral and testamentary expenses and debts?
Saskatchewan, Canada
The following excerpt is from Grayson v. Walsh, 1925 CanLII 156 (SK QB):
I therefore find that the clause in question falls within the rule laid down in Roberts v. Walker, supra, and that the real and personal estates and effects of the testator upon their conversion into a general fund, should be resorted to by the executors in payment of his funeral and testamentary expenses and debts and of the legacies bequeathed by his will, and every of them, pro rata, according to their respective values.
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