Goodman v Bryant

The case of Goodman v Bryant dealt with the interpretation of a will left by the deceased, who had specified that her entire estate should be held on trust and divided equally among her grandchildren, provided they survived her and attained the age of 25. In the event that no grandchild met these conditions, the estate was to be given to two named charities. The dispute arose over the precise moment when the grandchildren's interest in the estate was considered to have vested. Specifically, the question was whether the grandchildren's interest vested only upon their survival and reaching the age of 25, or whether it vested at the time of the deceased's death.

The court was required to determine the legal principles that applied to the vesting of interests in wills, particularly focusing on the difference between vesting in interest and vesting in possession. The court also considered the general presumptions regarding vesting, and whether the presumption of early vesting had fallen into disuse. Additionally, the court needed to decide whether certain clauses in the will, which seemed redundant, could be disregarded as surplusage, or whether they were included to emphasize the deceased's intentions.

The court held that the grandchildren's interest in the estate vested upon the deceased's death, not upon them surviving and reaching the age of 25. The court reasoned that the use of the phrase "as survive me and attain the age of [25]" was not intended to create a condition precedent to vesting, but rather to define the class of beneficiaries. The court rejected the argument that the presumption of early vesting had become obsolete, emphasizing that the presumption still applied unless clearly rebutted. The court also noted that the surplusage rule, which allows for the exclusion of unnecessary words, had exceptions and that words included to emphasize intention should not be disregarded. The court concluded that the grandchildren's interests vested at the moment of the deceased's death, and since none of them survived her and attained the age of 25, the estate passed to the named charities.

The court's final orders determined that the estate was to be distributed to the two named charities as specified in the will, as no grandchild had survived the deceased and attained the age of 25.