We have the following scenario:
We are dealing with the administration of Mr S. He had a flat and two garages - separate titles for each of them. One of the garages was in the name of Mr S’s late wife’s brother’s name. He died in 1997 and in his home-made will left his sister (Mrs S) a cash gift and “all my residences and my personal chattels…”.
The flat was transferred to Mrs S but not the garage which was never dealt with. It appears to have been used by Mrs S following her brother’s death and then her husband on her death. The flat that was gifted is in a block and the garages are separate from the individual flats.
Would the interpretation of the gift of “all my residences” include the garage? I feel there must be some case law to clarify this.