In considering what scope should be given to what then was s. 36 of The Wills Act (Ontario), Judson J. stated (p. 1167):
"The fiction should not be pushed beyond its purpose. There is the high authority of Lord Mansfield in Morris v. Pugh et al., (1761) 3 Burr. 1241 at 1243, 97 E.R. 811, for caution of this kind."