Re: The will of Entriken (deceased)

The case concerns the proper construction of a deceased's will, specifically the interpretation of the one-seventh share to be taken by the grandchildren. The applicants in this case are seeking clarity on whether this share is to be calculated after taking into account the debts of the estate and a devise of real property specified in a later clause of the will. The matter was heard and determined in the relevant court, which provided its decision on the interpretation of the will.

The court was tasked with resolving the legal issues surrounding the interpretation of the will, specifically focusing on the distribution of the estate among the beneficiaries. The central question was whether the one-seventh share to be taken by the grandchildren should be calculated before or after the debts of the estate and a specific devise of real property were taken into account. The court needed to determine the proper construction of the will, which would affect the distribution of the estate.

The court found that the one-seventh share to be taken by the grandchildren should be calculated after taking into account the debts of the estate and the specific devise of real property provided for in the will. This interpretation was based on the principle that the debts of the estate and specific devises should be deducted before the residue of the estate is distributed among the beneficiaries. The court relied on the case of In the Goods of Shepherd 1879 48 LJP 62, which supported this interpretation. The court's decision ensures that the will is properly construed and the estate is distributed in accordance with the deceased's intentions.

The court ordered that the beneficiaries named in Clause 3(b) take a one-seventh interest of the residue of the estate after the payment of debts, funeral and testamentary expenses, and the specific bequests and devises provided for in the will, including the specific devise provided for in Clause 3(c). Additionally, the costs of the applicants and certain named beneficiaries were to be taxed on an indemnity basis and paid out of the estate. The costs of another applicant were fixed in the sum of $7,000. This decision ensures that the proper construction of the will is applied and the estate is distributed in accordance with the deceased's wishes.