DAME DIANA MEREDITH Vs. DAME ELIZABETH MAGDALENE MEREDITH

JUDGEMENT

(1.) This is an appeal from the judgment of the Court of King's Bench for the Province of Quebec (Appeal Side) affirming a judgment rendered by Green-shields C. J. in the Superior Court in favour of the respondents. It should be mentioned that the matter came before the trial Judge sitting at Montreal, under the provisions of Art. 509, Civil PC, upon a joint factum of the appellants and respondents setting out an agreed statement of facts and a question of construction arising therefrom.

(2.) Dame Elspeth Hudson Meredith, to be referred to hereafter as the testatrix, the widow of Charles Meredith who died prior to the year 1935, left as her last will and testament a holograph will, dated 4 June 1935. It was admitted to probate on 29 July 1936. Her estate was of the gross value of about two and a half million dollars, which had been derived approximately as to one-half from the estate of her late father and as to one-half from the estate of her late husband Charles Meredith. The will is very clearly written and betrays no signs of haste. The testatrix begins by making a number of gifts of various kinds, including some large gifts to hospitals and to the Montreal Art Gallery. The residuary clause is in the following words:

(3.) The rest of my estate to be divided equally between my brothers and sisters or their immediate heirs including my sister Edith's family, and between my husband Charles Meredith's nieces and nephews (immediate heirs). No question arises in regard to the half of the residuary estate which was to be divided between brothers and sisters of the testatrix or their immediate heirs, including the family of her sister Edith who was dead at the date of the will. The dispute is as to the meaning of the words in brackets "immediate heirs "following the gift by the testatrix to her husband's nieces and nephews.