Unique Will Story

Here is an interesting Will story.

In 1936 a rich Toronto fellow died. In his Will he made some specific gifts and left this direction regarding the balance of his estate: 

‘…at the expiration of ten years from my death to give [the balance] to the mother who has since my death given birth in Toronto to the greatest number of children as shown by the registrations under the Vital Statistics Act. If one or more mothers have equal highest number of registrations under the said Act to divide the said moneys and accumulations equally between them.’ 

Some mothers had several children during those 10 years. Some children were illegitimate sued to have their mother(s) included. The case hinged, in large part, on whether or not ‘children’ included illegitimate children. In late 1937 the Supreme Court of Canada ultimately decided ‘children’ did not include illegitimate children and the clause was valid.