Allan Estate, Re, (1983) 24 Sask.R. 144 (QB)

• Judge: Grotsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 22, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 24 Sask.R. 144 (QB)

Allan Estate, Re (1983), 24 Sask.R. 144 (QB)

MLB headnote and full text

Re Allan Estate; Canada Permanent Trust Company v. Hodgins Estate, Barnsley Estate, University of Saskatchewan, Salvation Army, United Church of Canada, Independent Order of Odd Fellows, Allan and Allan

(No. 121 A.D. 1981)

Indexed As: Allan Estate, Re

Saskatchewan Court of Queen's Bench

Grotsky, J.

February 22, 1983.

Summary:

The executor and trustee of an estate applied for directions respecting the meaning of the testator's will.

The Saskatchewan Court of Queen's Bench allowed the application.

Wills - Topic 7410

Construction - Quantity of interest taken - Life interest - Effect of subsequent words - Words of survivorship - The Saskatchewan Court of Queen's Bench held that where there is a gift to A for life and after his death, to others, any words used in connection with the gift in remainder indicating survivorship (such as "after her death" and "then living"), refer to the death of the life-inbeing and not the testator - See paragraphs 27 to 30.

Wills - Topic 7414

Construction - Quantity of interest taken - Life interest - Remainder - Entitlement - The Saskatchewan Court of Queen's Bench held that where there is a gift to A for life, and after his death, to others, the time for distribution is usually, but not necessarily, at the determination of the life interest - The court also held that the beneficiaries of the remainder take the whole legacy - See paragraph 26.

Wills - Topic 7807

Construction - Quantity of interest taken - Interpretation of particular words and phrases - "Such share" - The Saskatchewan Court of Queen's Bench determined the meaning of the words "such share" as used in a will - See paragraph 23.

Words and Phrases

Such share - The Saskatchewan Court of Queen's Bench discussed the meaning of the phrase "such share" as used in a will - See paragraph 23.

Words and Phrases

Words of survivorship (after her death and then living) - The Saskatchewan Court of Queen's Bench discussed the meaning of the phrases "after her death" and "then living" as found in a will - See paragraphs 27 to 30.

Cases Noticed:

Mortimer v. Slater (1877), 7 Ch. D. 322, affd. sub nom. Mortimer v. Mortimer (1879), 4 App. Cas. 448, refd to. [para. 18].

Re Taylor, [1982] 6 W.W.R. 109; 19 Sask.R. 361 (Sask. Q.B.), refd to. [para. 19].

National Trust Company Limited v. Fleury et al., [1965] S.C.R. 817, refd to. [para. 20].

Bullock v. Downes (1860), 9 H.L.C. 1, refd to. [para. 21].

Ex p. Barnes, [1896] A.C. 150, refd to. [para. 23].

Re Ninnes, [1920] S.A.L.R. 480, refd to. [para. 23].

Re Godfrey, [1921] S.A.S.R. 148, refd to. [para. 23].

Re Miller (1911), 20 O.W.N. 782, refd to. [para. 27].

Commercial Trust Co. v. White, [1937] 2 D.L.R. 115; 11 M.P.R. 349 (C.A.), refd to. [para. 28].

Perrin v. Morgan, [1943] A.C. 399; 112 L.J. Ch. 81, refd to. [para. 31].

Re Blackstock Estate (1957), 21 W.W.R.(N.S.) 241, refd to. [para. 31].

Authors and Works Noticed:

Williams on Wills (3rd Ed.), p. 473 [para. 26].

Theobald on Wills (12th Ed.), p. 591, paras. 1714 and 1716 [para. 26].

Counsel:

P. Haidinger-Baines, for the applicant;

L.T. Priel, for the estate of Alice Hodgins;

G.D. Young, for the estate of Olive Barnsley;

Mable Allan, on her own behalf.

This application was heard before GROTSKY, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon. The decision of GROTSKY, J., was delivered at Saskatoon, Saskatchewan, on February 22, 1983.