Omer Lebbe Marcar vs Ebert – clr volume 3 page 005

In the case between the purchaser of the disputed property (appellant, represented by Layard, A.G.) and the heirs and representatives connected with the joint will, including Mrs. James Hope Brohier and Dr. Schokman (respondents), the court examined the proper construction and vesting of a joint will made by husband and wife regarding their joint estate. It was determined that the devise to the children, or by representation to the issue of any predeceased children, vested only upon the death of the surviving testator, not on the death of the first dying spouse. The court found that any shares of predeceased children, where the contingency had not occurred, lapsed and devolved by intestacy. This construction reaffirmed the principle that interests under a joint will vest according to the t