Can an inalienable estate be created without any gift over?

Saskatchewan, Canada


The following excerpt is from Jensen v. Wutzky, 1946 CanLII 210 (SK CA):

In Woodmeston v. Walker (1831) 2 Russ. & M. 197, 39 E.R. 370, the Lord Chancellor says: “If a testator be desirous to give an annuity without the power of anticipation, he can only do so by declaring that the Act of Alienation shall determine the interest of the legatee, and create a new interest in another. In none of the cases bearing upon this subject (and they are very numerous) can any warrant be found for the proposition that at law an inalienable estate can be created without any gift over. There is no gift over in the present case, which is that of a mere naked prohibition, not guarded by any clause of forfeiture.”

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