Is there any difference between the wording in a will and the devise in which the testator intends to set aside a reserve trust fund for the children of any predeceased child?

Nova Scotia, Canada

The following excerpt is from MacGregor Estate (Re), 2001 NSSC 9 (CanLII):

In the context of the present circumstance, it is agreed the will was drafted by a lawyer and this, as noted by Justice Gwynne, in Ernst v. Zwicker, supra, is a consideration to be taken into account in interpreting the intention of the testator. There is also the circumstance that in respect to the “residuary trust fund”, the testator provided that the share of any predeceased child should be held in trust for the children of any such child as contrasted with the devise in respect to the summer cottages. There is a clear distinction in the wording incorporated in the will in devising the summer cottages as contrasted with the wording used in devising the “residuary trust fund” among the children, including the children of any predeceased child, suggesting an understanding, and therefore an intention, by the testator, to convey in different capacities.

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