Browne v Moody and Others    Will – Construction – Vesting – Gift contained only in direction to divide – Postponement of
gift to let in life interest – Substitution clause.
Testatrix, by cl 5 of her will, set aside a fund of $100,000, and gave the income therefrom to
her son for his life, and on his death she directed the fund to be divided as follows: one half to
her grand-daughter Enid, and the other half equally between her daughters Florence,
Constance and Helen. By cl 6 she gave, devised and bequeathed the residue of the estate
equally between the said grand-daughter and her three daughters share and share alike. By cl
7 she directed that, if the grand-daughter or any of the daughters predeceased her or her son
leaving issue, the child or children of the person so dying should take the share to which their
mother would have been entitled had she survived. All the beneficiaries mentioned survived
the testatrix. A special case was stated for the opinion of the Supreme Court of Canada,
asking two questions: (a) whether the legacies given by cl 5 on the death of the son vested in
the beneficiaries on the death of the testatrix; (b) if they became so vested whether they were
liable to be divested under cl 7. The Supreme Court answered the first question in the
negative, and the second question did not arise. On appeal to the Privy Council:—