Brandner Estate v. B. & M. Contractors Ltd., (1992) 125 N.B.R.(2d) 333 (TD)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 15, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 125 N.B.R.(2d) 333 (TD)

Brandner v. B&M Contractors (1992), 125 N.B.R.(2d) 333 (TD);

    125 R.N.-B.(2e) 333; 316 A.P.R. 333

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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In The Matter Of an Application under Rule 66 of the Rules of Court

Max M. Wolfe, as the Administrator of the Estate of Ludwig Brandner, deceased (applicant) v. B. & M. Contractors Ltd. (respondent)

(F/M/39/92)

Indexed As: Brandner Estate v. B. & M. Contractors Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Dickson, J.

April 15, 1992.

Summary:

A husband died intestate, leaving his son and widow each a one-half interest in lands under ss. 22(1) and 23 of the Devolution of Estates Act. The son executed a document purporting to be a renunciation, stating his wish that the widow have his one-half interest. The son was not a named grantor in an impending conveyance of the lands to the purchaser. The husband's estate intended to attach a copy of the son's executed docu­ment. The purchaser objected that imperfect title would be conveyed. The estate applied under rule 66 to determine the validity of the objection.

The New Brunswick Court of Queen's Bench, Trial Division, ruled that the son's document constituted a quit-claim deed conveying his interest to the widow. The court stated that upon registration of the document at the appropriate registry office, the objection would be invalid.

Real Property - Topic 5047

Title - Establishing title - Deeds - Quit claim deeds - A widow and son each held a one-half interest in lands under the Devolution of Estates Act - The son executed a document purporting to be a renunciation, stating his wish that the widow have the entire interest in the lands - The New Brunswick Court of Queen's Bench, Trial Division, held that the docu­ment constituted a quit claim deed con­veying the son's one-half interest to the widow - The document met all the re­quire­ments of a deed where it was in writing, under seal and signed by the son and expressed the clear intention that any interest held by the son should be vested in the widow.

Statutes Noticed:

Devolution of Estates Act, R.S.N.B. 1973, c. D-9, sect. 22(1), sect. 23 [para. 4].

Property Act, R.S.N.B. 1973, c. P-19, sect. 11(1) [para. 13].

Registry Act, R.S.N.B. 1973, c. R-6, gen­erally [para. 13].

Rules of Court (N.B.), rule 66.01 [para. 2].

Standard Forms Conveyances Act, S.N.B. 1980, c. S-12.2, sect. 2(1), sect. 2.1(1) [para. 15].

Authors and Works Noticed:

Halsbury's Laws of England (4th Ed.), vol. 12, pp. 505 [para. 10]; 508 [para. 12].

Counsel:

Max M. Wolfe, for himself;

Hazen F. Calabrese, for the respondent.

This application was heard before Dickson, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following judgment on April 15, 1992.