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108 results for Canadian Caselaw › Nova Scotia Probate Court

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  • Vickery Morris Estate (Re), 2019 NSPB 2
  • Kelly Estate, 2019 NSPB 1

    [1]              This application was brought before the Court by Carrie Dauphinee who is the personal representative named in the will of her mother, Ms. Sheila Kelly. Carrie Dauphinee is seeking to gain possession of the urn containing the ashes of her mother. The urn and ashes are presently in the possession of Cheryl Dauphinee.

  • Winter Estate (Re), 2017 NSPB 1
  • Hopgood Estate (Re), 2016 NSPB 1
  • Smith Estate, Re, (2015) 366 N.S.R.(2d) 361 (ProbCt)

    [1] Muise, J. : Everett Daryl Smith created a document dated January 5, 2013, in his own handwriting. He passed away on January 19, 2014. On March 17, 2014, Vanessa Smith, daughter of the deceased, filed an application for grant of administration with holograph will annexed in relation to that handwritten document. On March 14, 2014 she was granted administration.

  • Peters Estate, Re, 2015 NSSC 292

    [1] Duncan, J. : This is a matter of an Application brought to determine if five handwritten memoranda or notes of Marian Elizabeth Peters, now deceased, are admissible to Probate. The Application has been brought by Ruby Theriault and Mary Katherine Hammond who are the co-personal representatives of the estate of Ms. Peters.

  • Shellnutt Estate v. Shellnutt, 2015 NSSC 305

    [1] Wood, J. [orally]: Ernest George Shellnutt executed his last will and testament on March 18, 2005. It was admitted to Probate on May 14, 2015. The disposition of the residue of Mr. Shellnutt's estate is found in Clause 9 of the will which reads as follows:

  • Haas v. Payne Estate, (2015) 368 N.S.R.(2d) 262 (ProbCt)

    [1] Moir, J. : Introduction. The late Mr. Alton Payne and Ms. Martina Haas were married. They separated and divorced. He agreed to pay spousal support.

  • Beck Estate, Re, (2015) 365 N.S.R.(2d) 83 (ProbCt)

    [1] Moir, J. : Introduction. I have been asked to provide my interpretation of a will under which named beneficiaries died before the testator. Also, the personal representative is not confident about the correct interpretation of a phrase that refers to brothers and sisters when some of the testator's brothers and sisters died before she made the will.

  • Prevost Estate v. Prevost Estate, 2015 NSSC 10

    [1] Wood, J. : Joslyn Prevost is the personal representative of the Estate of Eric Prevost which, in turn, is a beneficiary of the Estate of Claude Delbert Prevost.

  • Stewart Estate, Re, 2015 NSSC 135

    [1] Coughlan, J. : Frances Margaret Stewart died June 20, 2012. Her Last Will and Testament dated September 5, 2002, was admitted to probate in the probate district of Lunenburg County. The Will named Ms. Stewart's son-in-law, Byford Hopkins as executor and trustee. The residue of the Estate was given to Ms. Stewart's daughters Leontine Ann Hopkins and Jane Frances Stewart-Gray in equal shares....

  • Wittenberg Estate, Re, (2014) 349 N.S.R.(2d) 323 (ProbCt)

    [1] McDougall, J. : The applicant, Richard Wittenberg, is the son of the Late Gerda Theodora Wittenberg who died on or about the 14th day of February, 2012.

  • Casavechia Estate, Re, (2014) 345 N.S.R.(2d) 73 (ProbCt)

    [1] McDougall, J. : An Application for Proof in Solemn Form of a handwritten letter of Louis Joseph William Casavechia dated November 14, 2010 was heard by me on November 14, 2013.

  • Casavechia Estate, Re, (2014) 342 N.S.R.(2d) 41 (ProbCt)

    [1] McDougall, J. : Shannon Noseworthy, daughter of the deceased, Louis Joseph William Casavechia (also known as William John "Bill" Casavechia), has filed an application for proof in solemn form of a handwritten letter prepared by her late father two years before his death. This letter purports to give Ms. Noseworthy a lakefront building lot to be carved out of the deceased's property...

  • Wittenberg Estate, Re, (2013) 337 N.S.R.(2d) 24 (ProbCt)

    [1] McDougall, J. : Gerda Theodora Wittenberg died on or about the 14th day of February, 2012.

  • Loughead Estate, Re, 2013 NSSC 236

    [1] Duncan, J. : William Parker Loughead executed a Will on April 17, 2012 naming his nephew, Mark Loughead, as alternate personal representative to act in the event that the named executor, the testator's wife, Helen Loughead, was unable or unwilling to act.

  • Boliver Estate, Re, [2013] N.S.R.(2d) Uned. 180

    [1] Feener, Registrar : On March 5, 2013, a hearing was held before me as Registrar of Probate regarding the passing of accounts of Robin Christine Boliver, as Personal Representative of the Estate of Temple Colby Boliver.

  • MacKay v. MacKay Estate, (2013) 329 N.S.R.(2d) 45 (ProbCt)

    [1] Coughlan, J. : Marion Phyllis MacKay of Union Square, Lunenburg County, Nova Scotia died January 20, 2011. A Grant of Probate of her estate was issued January 31, 2011 by the Registrar of Probate (Registrar) to Mrs. MacKay's niece, Mary Ann Eisner. Richard W. MacKay (Richard) was Marion MacKay's nephew. Richard filed a claim against Marion MacKay's estate in the amount of $46,800.00 for "

  • Deveau Estate, Re, [2012] N.S.R.(2d) Uned. 336

    [1] Feener, Registrar : On August 29, 2012 a hearing was held before me as Registrar regarding the passing of the accounts of Laurena Gail Barber, as Personal Representative of the Estate of Barbara Gail Deveau.

  • Arron Estate, Re, 2012 NSSC 292

    [1] Rosinski, J. : Donald Arron passed away on May 8, 2011. His Will was probated and his daughters appointed co-executrixes on May 27, 2011. Donald Arron made it clear in his Last Will and Testament that his grandson Louis Wolfson was to have an exclusive first opportunity to buy any of the real property of his Estate. He had his Will drafted in a simple yet effective manner with the assistance...

  • McInnes Cooper v. Moncel Estate, [2012] N.S.R.(2d) Uned. 127 (ProbCt)

    [1] Moir, J. : Introduction. Registrar Atton released a decision in the Moncel Estate last June. She dealt with two issues:

  • MacKay v. MacKay Estate, (2012) 333 N.S.R.(2d) 213 (ProbCt)

    [1] Feener, Registrar : Counsel appeared on February 2nd, 2012 with respect to the above noted claim and were advised, at that time, to submit their briefs' on costs.

  • MacKay v. MacKay Estate, [2012] N.S.R.(2d) Uned. 337

    [1] Feener, Registrar : This is a claim of Richard MacKay against the estate of Marion Phyllis MacKay for $46,800.00. The nature of the claim is for maintenance, labour, housekeeping and care-giving services rendered to the deceased prior to her death at her request. The Claimant states he provided on average five (5) hours per week for fifty-two (52) weeks for the past twelve (12) years. At a...

  • McCully v. Rogers Estate, (2012) 326 N.S.R.(2d) 1 (ProbCt)

    [1] Scanlan, J .: This matter was before the Court on January 16, 2012 in the form of an application by Ms. McCully requiring the proof in solemn form of a Will that was executed by the late Roxanna Rutherford Rogers. The Will was dated January 29, 1997 and probate was granted April 17, 2009, Roxanna Rogers having died on February 14, 2009.

  • Van Kippersluis v. Van Kippersluis, 2011 NSSC 399

    [1] Warner, J. : This is a costs decision respecting an unsuccessful application for proof in solemn form. The applicant and Estate agree that the legal costs of the respondent Estate be taxed and paid out of the Estate on a solicitor and client basis. They do not agree on the applicant's claim for costs against the Estate, or the respondent Estate's claim for costs against the applicant.

  • Selig Estate, Re, [2011] N.S.R.(2d) Uned. 323 (ProbCt)

    [1] Feener, Registrar : A closing of the above noted estate was scheduled for Thursday, October 6, 2011 at 10:00 o'clock in the forenoon.

  • Barkhouse Estate, Re, [2011] N.S.R.(2d) Uned. 322

    [1] Feener, Registrar : On August 23, 2006 a Grant of Administration was issued to Linda Marie Barkhouse. An application for a grant of administration was presented to the court advising that Rodney St. Clair Barkhouse had died on May 10, 2005 and the value for the purposes of opening the estate were solely real property $104,000.00. The application shows that Linda Marie Barkhouse, daughter to...

  • Pictou Genealogy v. Darby Estate, (2011) 305 N.S.R.(2d) 99 (ProbCt)

    [1] Coughlan, J. [orally]: John Darby was a descendant of a settler who came to Nova Scotia on the Hector. Dying on May 1, 2008, he was the last surviving member of his immediate family. In his will he left one fourth of the residue of his estate to the "Heritage Society for Pictou County, Nova Scotia". There was no Heritage Society for Pictou County, Nova Scotia. There was a Pictou...

  • Fong Estate, Re, (2011) 306 N.S.R.(2d) 370 (ProbCt)

    [1] Smith, A.C.J. : Dannie Wing Fong, a retired aeronautical engineer, died on May 28th, 2010 at the age of 85 years. At issue is whether a document found in his residence after his death is a testamentary instrument pursuant to s. 8A of the Wills Act .

  • Jones Estate, Re, [2011] N.S.R.(2d) Uned. 324

    [1] Feener, Registrar : A closing of the above noted estate was scheduled for November 22, 2010 at 10:00 in the forenoon. A number of issues were raised at that time and the closing was adjourned to January 24, 2011 and then to May 10, 2011 at 2:00 pm.

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