Residue of deceased’s will may be distributed for charitable purposes

Special summons - administration of estate - intestate distribution - deceased survived by four first cousins of which plaintiff is one - defendant as sole executor in deceased's last will and testament - pecuniary legacies made to plaintiff and others - whether residue of estate is to be distributed in accordance with residual clause in will or by way of intestacy - O.3, r. 2 RSC - whether an absolute gift conferred on defendant by residuary clause - whether a valid trust created - succession legislation - extrinsic evidence - intention by defendant to distribute residuary to charities - trust must be capable of control and execution by court - charitable trusts - can residuary clause be deemed to include a charitable purpose - intention of testator - test to admit extrinsic evidence - assist in construction of will - expressed desire for estate to pass pursuant to last will and testament - effect of failure of clause on benefit to plaintiff - charitable and non-charitable intentions of deceased evidenced in correspondence with defendant - balance of probabilities - intended partial charitable purpose - charities legislation applies - non-charitable purpose falls away - defendant refused a fuller share of estate.