I am persuaded, however, by the reasoning of my colleague, Madam Justice Molloy in Campbell v. Shamata, supra, at para. 7: …to determine whether a contrary intention appears in the will, it is necessary to interpret the will itself. If there is a clear clause one way or the other, that may well be the end of the matter. However, I do not read any of the authorities cited as standing for the proposition that the ordinary rules for the proper interpretation and construction of the terms of the will do not apply. On the contrary, it seems to me that one must interpret the will in accordance with the well-established principles of construction and then decide whether, given a proper interpretation, a contrary intention is set out in the will. In some circumstances, depending on the wording of the will, surrounding circumstances will have no bearing and cannot be taken into account. In other cases, a consideration of surrounding circumstances may be necessary to properly interpret the will and give effect to the wishes of the testator… the so-called “armchair rule” for the interpretation of provisions of a will has been part of the common law for a very long time. It would take clear statutory language to displace it.
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