Denison v Denison

In the Family Court, Denison sought a declaration that his grandchildren, who were born prior to a specified date, would be entitled to a gift under his father's will. The grandchildren in question were later adopted and raised by Denison, who is their biological grandfather. The central dispute revolved around the interpretation of a testamentary gift to a class of grandchildren and whether it included those born before a certain date but adopted after.

The court was tasked with determining whether the class of grandchildren, as defined in the will, included those who were born before a specified date but were adopted after that date. This required an interpretation of the will and an understanding of the testator's intention regarding the inclusion of grandchildren in the gift. The court needed to ascertain if the class of grandchildren was intended to remain open to include those born before the specified date, even if they were adopted after that date.

The court found that the class of grandchildren was intended to remain open, thereby including those born before the specified date even if they were adopted after that date. The court relied on the testator's intention, which was inferred from the context and the overall purpose of the will. The court concluded that the gift was not limited to those grandchildren who were in existence or adopted before the specified date. Instead, the class of grandchildren was broader, including those who met the criteria of being born before the specified date, regardless of when they were adopted.

The court made a declaration that the grandchildren in question were entitled to the gift under the will. This decision was based on the interpretation of the will and the testator's intention to include all grandchildren born before the specified date, even if they were adopted after that date.