Testamentary construction controls vesting where a will reserves possession until a beneficiary reaches 21 years

A will must be construed as a whole to give effect to the testatrix's intention, and clauses expressing limited enjoyment can create a trust rather than an absolute bequest. Where the instrument showed that property was to be held for a grand-daughter until she attained 21 years, the daughter's temporary enjoyment did not convert the gift into full ownership. Under testamentary construction, vesting occurred on the testatrix's death unless a contrary intention was clearly expressed, and postponement of possession did not postpone vesting. The directions were therefore treated as regulating possession and income, not ownership, with the daughter bound by the will after accepting its benefits.

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Issues: Whether the clauses in the will bequeathing properties to the daughter were absolute bequests or were subject to a trust for the benefit of the grand-daughter until she attained 21 years, and whether the daughter was entitled to enjoy the bequests and income until that time.

Analysis: The will had to be construed as a whole, giving effect to the testatrix's expressed intention and to each clause consistently with the others. The surrounding clauses showed a clear pattern: where the testatrix intended an absolute bequest, she said so expressly, and where she intended a limited enjoyment, she directed the property to be held upon trust for the grand-daughter. The relevant provisions therefore did not confer absolute ownership on the daughter merely because the property was described as belonging to her or because she was permitted to use it until the grand-daughter attained majority. Under the law of testamentary construction, a legacy takes effect as vested on the death of the testatrix unless a contrary intention appears, and postponement of possession does not postpone vesting. The directions to hold the property until the grand-daughter attained 21 years were treated as directions as to possession and enjoyment, not as a denial of vesting. The doctrine of election also supported the binding effect of the will on the daughter, who had accepted benefits under it.

Conclusion: The clauses were held not to create absolute bequests in favour of the daughter; the estate vested in the grand-daughter on the death of the testatrix, with possession deferred until she attained 21 years, and the daughter was not entitled to the beneficial income or other advantages during that period.

Ratio Decidendi: Where a will, read as a whole, shows an intention that property be held for a beneficiary until a specified age, the beneficiary's interest vests on the testator's death unless a contrary intention is clearly expressed, and postponement of delivery or enjoyment does not postpone vesting.

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