How have the courts interpreted the opening words of clause 3(a) in a will?

Fifth, the judge premised his interpretation in part on his assumption that the express reference to bonds and stocks in the opening words of clause 3(a) reflected the testator’s view that such assets were “special” or “unique”. However, the opening words served a different purpose — ousting the rule in Howe v. Lord Dartmouth — and there are no other provisions in the will suggesting that the testator viewed the subject bonds and stocks as “special” or “unique” such that they had to be retained until the assets of the estate were ultimately distributed. Rather, on a reading of the will as a whole, the testator intended first and foremost to provide income in the form of a life estate for his housekeeper and his children during the course of their lives, with any remaining capital at the time of their deaths to be distributed amongst their designated heirs, expected to be his grandchildren or great-grandchildren.