Sifton v Sifton: PC 1938

(Canada) The court considered the validity of a gift in a will challenged for uncertainty, in this case a condition as to residency within a country.
Held: Lord Romer said that the meaning of such words as reside or residence, ‘obviously depends upon the context in which the words are used’ and ‘Where it is doubtful whether a condition be precedent or subsequent the Court prima facie treats it as being subsequent. For there is a presumption in favour of early vesting.’

Judges:

Lord Romer

Citations:

[1938] AC 656, [1939] 1 All ER 109

Citing:

CitedClavering v Ellison 1859
Any provision determining or divesting an estate held on trust ‘must be such that the Court can see from the beginning, precisely and distinctly, upon the happening of what event it was that the preceding vested estate was to determine’ . .
Lists of cited by and citing cases may be incomplete.

Trusts, Commonwealth

Updated: 30 April 2022; Ref: scu.231641