Findlay v Findlay's Administrators [1914] ZATPD 63 (4 June 1914)

Will.-Construction.-Words implied on construction of the will as a whole.

A testator in terms of a will directed his administrators to realise his estate and provided inter alia that they should pay half. the revenue of his estate to his widow until death or remarriage. The remaining half of the revenue was to be paid to the widow for maintenance of their three children until majority. On majority each child was to receive a third of half the revenue, but in the event of the widow's death before a child reached majority, then each child on attaining majority was to receive an equal share of the whole revenue; no provision, however, was made in the event of the widow's remarriage during such period. The widow remarried and the eldest child, who had attained the age of 21 years after the remarriage, claimed that the widow having forfeited her half of the revenue in terms of· the will by remarriage, she was entitled on attaining majority to her third share of the whole revenue. The administrators refused to pay the eldest child more than a third of half the revenue. Held, that on the construction of the will as whole the testator intended on his widow's remarriage as above that each child should on reaching majority receive a third share of the whole revenue.