What is the test for using the term "my issue" in a will?

Alberta, Canada


The following excerpt is from National Trust Co. v. Montague, 2000 ABQB 73 (CanLII):

In the event the use of "my issue" by the deceased in Article III(c)(3) is not just difficult to interpret but is also an ambiguity then I am satisfied that I may examine extrinsic evidence of the circumstances existing when the will was made in construing the Article. In support I am referred to Boyce v. Cooke (1980) 14 Chancery Division 53 where the court says: "... When it is said that surrounding circumstances may be looked at that only means that the circumstances existing at the time when the testator made his will may be looked at. You may place yourself, so to speak, in his armchair, and consider the circumstances by which he was surrounded when he made his will ... to look at a (document) subsequently executed is not to look at the surrounding circumstances which existed when the will was made."

Other Questions


If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
Can a property owned, occupied or used by an independent contractor and in care, custody and control of the same independent contractor be considered a "used by" insured? (Alberta, Canada)
How have the courts dealt with the issue of custody and custody issues in a motion of motion of the same name? (Alberta, Canada)
Does a direction of a trial of a issue under Rule 221 preclude a subsequent trial of outstanding issues remaining to be heard? (Alberta, Canada)
Is there a presumption in law that if a person is in possession of property and making use of it that such possession and use is lawful? (Alberta, Canada)
Can cannabis store use be discretionary within a land use district? (Alberta, Canada)
Can a trustee in bankruptcy make use of provincial legislation in gathering in the assets of a bankrupt? (Alberta, Canada)
What are the principles used to determine whether a fiduciary relationship exists? (Alberta, Canada)
How have courts dealt with standing issues? (Alberta, Canada)
How have courts in Canada dealt with the issue of an underground oil tank? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.