If the property had been mortgaged or pledged, and the testator was aware of that fact, then unless a contrary intention appears from the will it is the duty of the executor to discharge the debt and to hand over the property free to the legatee.
12.
There are similar implied terms under the Australian Consumer Law relating to fitness and duty to take reasonable care in some classes of contract, and these particular terms are unable to be displaced by contrary intention : that is, the term will be implied into a contract of that kind irrespective of the parties'intention.
13.
Where an Act cites another Act by year, statute, session or chapter, or a section or other portion of another Act by number or letter, the reference must, unless the contrary intention appears, be read as referring, in the case of Acts included in any revised edition of the statutes printed by authority, to that edition.
14.
First, " Drybones " decided that the " Canadian Bill of Rights " was " more than a mere interpretation statute whose terms would yield to a contrary intention . " Rather, he stated, it is the provisions of the " Canadian Bill of Rights " that take precedence over the provisions of a conflicting federal statute.
15.
But a form of implied direct substitution has been created by statute : Whenever a predeceased descendant of the testator would have become entitled, if he had survived the testator, to any benefit under the will of the testator, the descendants of that descendant are entitled to take that benefit per stirpes, unless the terms of the will indicate a contrary intention.
