If a testator gives all his property to his wife for her maintenance and support purposes during her lifetime, is the devise absolute?
Saskatchewan, Canada
The following excerpt is from Cooper (Estate) (Re), 1921 CanLII 221 (SK QB):
And, even if the second view is to be adopted, there is authority that the devise would be absolute. In the case of In re Jones; Richards v. Jones [1898] 1 Ch. 438, 67 L.J. Ch. 211, a testator gave all his property to his wife for her absolute use and benefit, so that during her lifetime for the purpose of her maintenance and support she shall have the fullest power to sell and dispose of my said estate absolutely. After her death, as to such parts of my * * * * estate as she shall not have sold or disposed of as aforesaid, subject to payment of my wife’s funeral expenses, I give * * * the same, etc.
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