Swain et al. v. Dennision et al., [1967] S.C.R. 7 (1966)

Extract

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Swain et al. v. Dennision et al., [1967] S.C.R. 7 (1966)

Supreme Court of Canada

Swain et al. v. Dennision et al., [1967] S.C.R. 7

Date: 1966-11-21

Veatrice Kathleen Swain, Violet Irene Chadwick and Vivian Wilfred Woods (Petitioners) Appellants;

and

Vimy Ridge Dennison and Victoria Margaret Hislop (Respondents) Respondents.

1966: November 2, 3; 1966: November 21.

Present: Cartwright, Martland, Judson, Ritchie and Spence JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Wills-Applications made under Testator's Family Maintenance Act, R.S.B.C. 1960, c. 378, to vary will-Discretion of Court-Whether Court of Appeal erred in substituting its own discretion for that of trial judge.

The testatrix, whose estate had a probable value of some $120,000, by her will bequeathed three legacies; namely, $300 to her daughter S, $200 to a friend B and $2,000 to a grandchild, the daughter of S. One third of the remainder was given to a daughter D, and one third to a daughter H. The remaining one third was to provide for...

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