In the October to December 1879 birth index William Milward Yates, Basford, Nottinghamshire, volume 7b, page 166

UK Imperial Yeomanry Records
Attested Manchester, Lancashire January 29, 1901
William Milwarde Yates, service Number 22688, 77th Company Imperial Yeomanry
Born Basford, Nottinghamshire
Age 21 years 3 months
Commercial Traveller
Belongs to Transport Column M C V M S B
Height 5 feet 11 1/2 inches, hazel eyes, light brown hair
Imperial Yeomanry posted Private January 29, 1901
Imperial Yeomanry commissioned Lieutenant September 27, 1901
Campaigns South Africa 1899-1902
Medals
Queens Medal
South africa Medal
CC, OYS, Trans, South Africa 1901
No Injuries
Next of Kin: Reverend W. Yates, 23 Hanover Square, Leeds

Canada WWI Attestation Papers
Captain
Wilton Millarde Yates [as typed]
Born England
Next of Kin W. Yates, Apperley Bridge, Yorkshire
Born October 17, 1879
Rancher
Served 2 years Western Light Horse, South Africa, 37th Canadian Militia
Attested December 29 1914
Height 6 feet 0 inches, Fair hair, blue eyes

from the Shipley Times and Express - March 22, 1918
A family in the service of their country
Brother had facial reconstruction surgery
Lieut-Colonel William Milwarde Yates, Canadian Infantry, fought through the South African War and received his commission through the late Lord Kitchener. Since then he has been horse ranching near Swift Current, Western Canada, and was Major of the Saskatchewan Light Horse.
On the outbreak of the present war he volunteered for service, has been in severe fighting and has been twice buried in the trenches by German shells.
Replaced by a rib
In November 1916 he was terribly wounded, his face and head being badly shattered. He has undergone some wonderful operations; his nose has been rebuilt and parts of his face have been replaced by one of his ribs.
He has had a wonderful recovery of which the specialists have been very proud but he is not yet sufficiently recovered to take up his command.
In the meanwhile he is doing special work for the Canadian War Authorities.

1931 Canada Census British Columbia, Nanaimo district, Unorganized territory No. 44
Albert Head, Vancouver Island
Rented home, $15? per mont rent, single floor, wood, 5 rooms, had a radio
Head Wilton Yates, married, age 51, born England, parents born England, immigrated 1910, speaks English and French, occupation income
Son Dennis Yates, age 11, born england, father born England, mother born Ireland, immigrated 1920, student

Findagrave.com
Lieutenant Colonel Wilton Milwarde Yates
Birth 17 Oct 1879
England
Death 6 Dec 1976 (aged 97)
Sooke, Capital Regional District, British Columbia, Canada
Burial Saint Mary's Cemetery
Metchosin, Capital Regional District, British Columbia, Canada
Plot M-29
Memorial ID 157005856
Note: on the day of his marriage, his signature read "William Milwarde Yates".
Event Type:Death
Registration Number:1976-09-018265
BC Archives Mfilm Number:B13357
GSU Mfilm Number:2050570
Event Date (YYYY-MM-DD):1976-12-06
Event Place:SOOKE
Age at Death:97
Person:WILTON MILWARDE YATES
Father- William Yates born in England
Mother- Elizabeth Ann Milwarde born in Kilbourne, Derbyshire, England
Wife- Joan Patricia Mary Homer (1913-2008) married July 15, 1938 at the Office of the Registrar, Parliament Buildings, Victoria, BC

also known as Joan Patricia Mary Milwarde-Yates

Death date from the Nicholson Family Tree at ancestry by Robert Nicholson

In the 1921 Canadian census
Metchosin, British Columbia
Head Paul Homer, age 45[should be 50], year of immigration 1903, born England, parents born England, farmer.
Wife Emma Homer, age 40 [should be 49], born England, parents born England.
Son Paul Homer, age 12, born Manitoba, student.
Son John Homer, age 9, born England.
Daughter Joan Homer, age 6, born British Columbia.

1931 Canada Census British Columbia, Nanaimo district, unorganized thrritory No. 44
Albert Head, Vancouver Island, British Columbia
Owned their home, value $3000, single floor, wood, 7 rooms, owned a radio
Head Paul Homer, age 61, born England, parents born England, immigrated 1890, nationality Canada, racial origin English, master mariner, own account
Wife Emily Homer, age 55, born England, parents born England, immigrated 1906, home maker
Son Frederick Homer, single, age 23, born Manitoba, speaks both English and French, sailor, towing
Son John Homer, single, age 19, born England, immigrated 1912, gas engineer, towing
Daughter Joan Homer, age 17, born British Columbia, house keeper at home


British Columbia Marriage Registrations
July 15, 1938 Victoria, British Columbia, William Milwarde Yates, age 58, divorced, residence Victoria, born Nottingham, England, father William Yates, mother Elizabeth Ann Milwarde and
Joan Patricia Mary Homer, age 25, single, born Victoria, British Columbia, father Paul Aitkin Homer, mother Emily Nicholson.

Times Colonist - February 3, 2008
JOAN MILWARDE-YATES OBITUARY

MILWARDE-YATES Joan Patricia Mary (nee Homer) Sept. 1, 1913 Jan. 18, 2008 Passed away peacefully at Victoria General Hospital. Predeceased by her husband, Wilton and brother, Fred. Survived by brother, Jack; son, Devlyn; nephews, John (Ina) and David; grandchildren, Dianne (Gary) and Joshua. Born in Victoria, Joan graduated from St. Margaret's School in 1929. She was a pioneer, cougar hunter, logger and farmer, residing in Metchosin nearly all of her life. Always courageous, controversial & outspoken, Joan was a free spirit who loved farming, hunting, fishing and the great outdoors. She was a woman who lived & worked in a man's world during hard times. She crossed the paths of many people during her lifetime and left lasting memories with most of them. Special thanks to Dr. Neil Boyle and staff at VGH. An informal remembrance drop-in will be held in the home of Peter & Jane Hammond at 5447 Rocky Point Rd., Metchosin on Feb. 26, 2008 from 1 p.m. to 6 p.m. In lieu of flowers, donations may be made to the National Firearms Assn., P.O. Box 52183, Edmonton, AB., T6G 2T5. 445697

Findagrave.com
Joan Patricia Mary Homer Milwarde-Yates
Birth 1 Sep 1913
Victoria, Capital Regional District, British Columbia, Canada
Death 18 Jan 2008 (aged 94)
View Royal, Capital Regional District, British Columbia, Canada
Burial Saint Mary's Cemetery
Metchosin, Capital Regional District, British Columbia, Canada
Memorial ID 245851130
Interment with husband is presumed.
MILWARDE-YATES Joan Patricia Mary (nee Homer) Sept. 1, 1913 Jan. 18, 2008 Passed away peacefully at Victoria General Hospital. Predeceased by her husband, Wilton and brother, Fred. Survived by brother, Jack; son, Devlyn; nephews, John (Ina) and David; grandchildren, Dianne (Gary) and Joshua. Born in Victoria, Joan graduated from St. Margaret's School in 1929. She was a pioneer, cougar hunter, logger and farmer, residing in Metchosin nearly all of her life. Always courageous, controversial & outspoken, Joan was a free spirit who loved farming, hunting, fishing and the great outdoors. She was a woman who lived & worked in a man's world during hard times. She crossed the paths of many people during her lifetime and left lasting memories with most of them. Special thanks to Dr. Neil Boyle and staff at VGH. An informal remembrance drop-in will be held in the home of Peter & Jane Hammond at 5447 Rocky Point Rd., Metchosin on Feb. 26, 2008 from 1 p.m. to 6 p.m. In lieu of flowers, donations may be made to the National Firearms Assn., P.O. Box 52183, Edmonton, AB., T6G 2T5.
Father- Paul Aitken Homer born in Sedgley, England
Mother- Emily Nicholson born in England
Event Type:Death
Registration Number:1953-09-001304
BC Archives Mfilm Number:B13214
GSU Mfilm Number:2032863
Event Date (YYYY-MM-DD):1953-01-13
Event Place:VICTORIA
Age at Death:80
Person:EMILY HOMER
Husband- Wilton Milwarde Yates married July 15, 1938 at the Office of the Registrar, Parliament Buildings, Victoria, BC


from
https://rulelaw.blogspot.com/2009/03/read-your-will-over-carefully-before.html
by Stan Rule
Saturday, March 07, 2009
Read Your Will Over Carefully Before Signing

In Milwarde-Yates v. Sipila, 2009 BCSC 277, Mr. Justice Williams was asked to interpret the late Joan Patricia Mary Milwarde-Yates’ will, which contained the following clause:


2.2 In this Will, a disposition to a person’s issue alive at a particular time “per stirpes” means the Trustee must divide the estate or the relevant part of it into a sufficient number of shares to make:
(a) five shares for each of the following, or three shares for each child of that person who died before that particular time but left issue alive at that particular time:
1. Daryl Joshua Sipila, of 417-531 West Bay Terrace, Victoria, B.C. V9A 5R3;
2. David Keelinge Homer, of 7094 Briarwood Place, born October 21, 1941;
3. John Twigg Homer, of 4565 East Sooke Road, RR6. Sooke, B.C. born July 18,
1940;
4 Ina Homer, of 4565 East Sooke Road, RR6. Sooke, B C. V0S 1N0, born November 24, 1954
(b) one share for each of the following;
1. Natasha Barrowman (Ne Reznechenko), of Lot 104 Mount Matheson, Sooke, B.C. V0S 1N0, born August 18, 1972;
2 Darcy Arnet of 4575 East Sooke Road, RR6 Sooke B.C. V0S 1N0;
3. Mark Woodger, of 621 Baxter Avenue, Victoria, BC V8Z 2H1;
4. Diane Nadene Johnstone, of 6 Trillium Court, Belleville, Ontario K8P 5M5
(c) I note that I have provided for my son, Devlyn Nicholson Milwarde-Yates “Devlyn”, born February 28, 1938 though the joint ownership of real property while I was alive. I understand that the property will revert to Devlyn on my death.
and the same principle shall be applied in any required further division of a share at a more remote generation because:
(i) each child (including a child who has died before that particular time) of that person will constitute a “stirp” or root for purposes of the division.
(ii) children will take in substitution for their parent, if their parent would have taken if alive at that particular time but died before that particular time;
(iii) children will not take if their parent is entitled to take and is alive at that particular time.

Don’t bother reading the quote again. It won’t make any more sense the second time you read it.

Although I don’t have any first hand knowledge about this will, I have a pretty good idea what happened. Lawyers work with precedents and use word-processing software. Sometimes the computer printers spit out some funny looking clauses. In this case it is apparent that the dispositive clauses (the parts that say who gets what) somehow got spliced into a clause defining the meaning of the term “per stirpes.” Perhaps it was pasted into the will in the wrong place.

Ms. Milwarde-Yates’ only living child, Devlyn Milwarde-Yates, argued that another clause in the will gave him the residue of the estate, or that his mother’s will failed to dispose of the residue of the estate. If the will did not dispose of the residue of the estate, then Devlyn Milwarde-Yates would receive it according the law in British Columbia for intestate estates. The evidence indicated that Ms. Milwarde-Yates did not want to leave her estate to her son.

After considering both the will and the evidence of the surrounding circumstances Mr. Justice Williams held that Ms. Milwarde-Yates intended to leave the residue to her estate to the beneficiaries named in paragraph 2.2, and interpreted that clause as though the first sentence read: “the Trustee must divide the estate into a sufficient number of shares to make….”

Mr. Justice Williams said:


In this case, I am convinced that the Deceased intended to dispose of her estate by way of her will, and went to considerable effort to accomplish that. I am also satisfied that she intended to pass the residue of that estate to the eight persons that she had selected, and whose names are set out in paragraph 2.2. It is clear to me that the purpose of that particular paragraph, however badly drawn, and located as it was under a heading that was obviously incorrect, was to bequeath the residue of her estate to them in the proportions stipulated. Indeed, the third of the sub-paragraphs, wherein she speaks of having made other provision for her son, supports my view of the matter, in that it is a logical adjunct to having given the bulk of her estate to someone other than her only child. It provides an explanation for such a disposition.
[76] In the result, I find that paragraph 2.2 should be construed in the manner set out above, with the additional direction that the word ‘shares’ should be preceded by the word ‘equal’. In that way, the Deceased’s will has the effect of advancing her obvious intentions. The plainly unintended result of an intestacy is avoided. I am satisfied that the bequests that result are not simply “drawn out of thin air” but are a reasonable exercise of the Court’s jurisdiction to construe a will.