Does a will constitute an execution of a power to revoke a settlement?

Ontario, Canada


The following excerpt is from Kelly v. Imperial Loan & Investment Co., 1884 CanLII 20 (ON CA):

To the same effect is a case decided by the Lord Chancellor of Ireland, Irwin v. Rogers, 12 Ir. Eq. 159, where a person had executed a settlement, reserving to himself a power of revocation. In making his will he forgot the fact of the existence of the power, and in that will he recited that he had been induced to execute the settlement by fraud, and directed his trustees to take steps to defeat it, and then disposed of the property included in the deed. The Lord Chancellor held that, although the testator did not intend to execute the power, as he had manifestly forgotten it, yet, as he clearly intended to devise the property, and as that intention would not otherwise take effect, the will amounted to an execution of the power to revoke the deed.

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