MRS L F MARTEN Vs. HIRDBY RAM

JUDGEMENT

(1.) The decision in this appeal tarns entirely upon the view which we take of the proper construction of the Will of a Mrs. Margaret Jane Marten.

(2.) The following table will make clear the relationship of the Marten family. THOMAS SINCLAIR MARTEN = MARGARET JANE MARTEN, testratrix, died December 10th, 1916. Harry Kenneth Lily E. Marten. Frederick Wil. Marten=married, Appellant liam Marten. childless, died (Defendant in died unmarried December 23, suit.) August 20, 1915. 1917.

(3.) The testatrix and her husband had been separated for many years. The Will was executed op November 2, 1901. It at first purports to give to her two sons, Harry Kenneth and Frederick William, all her estates and effects in equal shares for their own use and benefit absolutely and for ever. Certain immoveable property is then more specifically set out. Then the Will proceeds. I further direct that on the death of either of my sons above named his share of the property herein bequeathed shall go in the first instance to his children and grandchildren, etc. in the direct line, if there be any, at the time but not to the widow or any other person, but failing his children and grandchildren as aforesaid, the property herein bequeathed shall revert immediately to the children and grandchildren, etc., in the direct line of the surviving son, and failing the children and grand- children, etc. of the surviving son to the surviving son himself, and then ultimately failing him, it shall revert to the widow or widows of both of the deceased sons. I further direct that if the said Harry Kenneth Marten and Frederick William Marten cannot live jointly and enjoy the estates herein bequeathed to them jointly, they will divide the property bequeathed into two equal shares and will enjoy their respective shares absolutely and as full owners for their lives and after that the property shall revert to their heirs in the manner and order indicated hereinbefore.