In Brief
The appellants challenged the reversal of a lower court judgment concerning a life interest created by testamentary disposition in favour of the testator's daughter. The appellants argued that the life interest was personal in nature and therefore could not support the creation of a tenancy. The Supreme Court upheld the reversal, holding that a personal life interest intended to provide financial security through rental income does not prohibit the creation of a binding tenancy. The tenant's rights can survive the death of the life beneficiary, consistent with the testator's intention to ensure the daughter's financial means. The appeal was dismissed.
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