What is the test of construction in the context of a property declaration?
Saskatchewan, Canada
The following excerpt is from Bird Construction Company v. Maier, 1948 CanLII 181 (SK QB):
Further on the same page: “The modern rule of construction, as expressed by Lord Westbury, is that the entirety which has been expressly and definitely given shall not be prejudiced by an imperfect and inaccurate enumeration of the particulars: West v. Lawday (1865) 11 HL Cas 375, 384, 11 ER 1378. And by the application of this rule the modern doctrine is settled, that when a testator gives his property generally by the words ‘all my property,’ etc., when he uses words sufficient to pass everything, and then proceeds to enumerate particulars — this enumeration does not abridge or cut down the effect of the general words.”
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