l | shoe lin v. Meque Lin HV Qa fea ISAACS CT I have stated what I reeard as the principles governing the construction of lls in which there are apparent emissions, in Fell v. Foll 31C0.%Re 268. 1 10 net propose to restate them here, Put I would cite a Aictum of Turner LJ. in Penoook ys $& Geyat P77, that "if a sensible construction can be put veon the words Bde G. Me "as tuey stand, it 1s ¢lear that we shouda not be jwtified in making "any interpolation". Now in the pmsent case, a sensible construction cannot be placed upon portion of the will- the portion, namely, containi: the intermediate dec aration - unless on omiesion, »hich is evident upon the face of the document, is supped. If the will is read Mterally and without any interpolation being made,-it is impossible, with regard to th persenal estate, to give any operative effect, during the intermediate period, to the trusts declared as to the xanée "rents interest and yearly "produce thereof" referred to in that dec Jeration, What words, then, dre required to rectify the apparent mistake and give a sensitle meaning to the will? I think that, by necessary implication, the words "and perscna We \veved Ja (1930 shoul be auwpeted supplied after the vord "real" oosurring in the ¢ lause "and to stand possessed of the proceeds of the sale and conversion of "my real estate". The appea 1 should be a llewed. ! / Hogue 1lin_v. Moquellin : I think the case turns vpon the question whether an irtertion is shewn on the part of the testatrix to eubject the proceeds of her pereonal estate to the samo trunts as those of her real estate. The cords which axa empress ly dispose of the beneficial interest in the proceeds cf persona lty have been cwitted, clearly, by mistake; but if, on the face of the #111, there is enough to establish satiefactorily that personalty was to co upon the same lmitatiena as realty, the intention should be carried into effect The allusiens in the will to the personal estate, in my opinion, do shew such an intention. The ofause containing the declaration as to-income pend- ing convereion appears to me to indicate that there in one set of trusts in Tespeot cf both sets or classes of property. The use of the word "reespectiv "ty" in that o}use vas relied upon as shewing or suggesting two sets of limitations. sut where it first occura, it 1e used vecause the power of ax sale enables the trustees to sell from time to time, so that different property might be sola at different times, The word "respective ly" where used for the secend time in that olause distinguishes vetween "the rents "interest and yearly produce" of the two c lasses of property. On the other hard, tic word does not occur in relation to the "trusts and provisions", ar the yora "such" in the phrage "such trusts and provisions + the end of the ) oluise seams inoompatites with an intentien that the converted realty should be geverned by a different trust from the persenalty to which it is assimila ted. The subsequent use of the e «pression "capital of my estate" reinforces this inference. "hen the testatrix provided that the honus exacted én grant- ing & Jease shall be"considored ag part of the caritalof her estate ard be "Qlaposed of as herein directed"as part of such capital, she uses Janpuage which asunes tint the capital of her§ estate ie aubject to one set.cf limi- tations, which contain a discrimination between capital and income. Again, the use of the expression in the ultimate gift over "life interest...under "this my vill" points in the sane direction, although by itself its weight wouli be small, But I think the intenticn to make one set cf trusts and diepesitions for both seta of property appears with reasonable certainty trom the whole will, 1t is not necessary that we should be able to say: pre- cisely what words were omitted if we are satisfied from the context of she effect intended, The appeal should be a lowed. n ve Mogue Llin STARKE J. I aeres that the appeal should be allowed. I avree that the words of the will lead inevitably to the cone Mision that tie vesva.rix intended that, after sale and conver-ion, the trusts which were declared to exist during ard before euch sale and conversion were to est also in respect of the proceeds of the sale and conversion of hoth the real and the persenal cstate. 2que Lin ve Tagree that 'he appeal shoul be allowed. The werds of the will show that the testatrix treated the proce:ds ef the sale and con- version of her real and personal estate as one blended fund and in- tended that what she calls "the capital of ny estate" should be disposed of by similar truste.