The application judge acknowledged that in Lau v. Mak Estate, [2004] O.J. No. 3354, 10 E.T.R. (3d) 152 (S.C.J.), a case that involved a will with a similarly worded residue clause, Cullity J. determined that no meaning should be given to the phrase "per stirpes". Cullity J. reached this conclusion because, construed in accordance with its ordinary meaning, a gift to named children is a gift to a class of a single generation -- whereas the phrase "per stirpes" implies at least the possibility of an intergenerational gift. Accordingly, Cullity J. concluded that, when used in conjunction with a gift to named children, the phrase "per stirpes" creates a contradiction in terms.
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