Is there a contingency in a death leaving issue where the will of the deceased bequests to his two sons are subject to defeasance or divestiture?
New Brunswick, Canada
The following excerpt is from Rogers Estate (Re), 2006 NBQB 423 (CanLII):
The contingency in paragraph III(b) of death leaving issue is effectual to render the bequests to his two sons subject to defeasance or divestiture in such event. It is clearly a gift over. See: Browne v. Moody, supra.
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