Can a party who entered into a will and continues to hold and continue as a devisee for life under a will that the testator seized?

Ontario, Canada


The following excerpt is from Gray v. Richford, 1877 CanLII 6 (ON CA):

Hence if a person having no previous possession enter under a will and is allowed to hold and continue as a devisee for life under a will, he may be precluded from asserting as against the remainderman under the same will that the testator, under whom they both claim, was seized:. Anstee v. Nelms, 1 H. & N. 225, 228, 332.

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