Berringer Estate, Re, (1988) 95 N.S.R.(2d) 234 (ProbCt)

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: May 11, 1988
• Jurisdiction: Nova Scotia
• Citations: (1988), 95 N.S.R.(2d) 234 (ProbCt)

Berringer Estate, Re (1988), 95 N.S.R.(2d) 234 (ProbCt);

    251 A.P.R. 234

MLB headnote and full text

In The Matter Of The Estate of Stanley Berringer, deceased

and

In The Matter Of an Application For Administration

Indexed As: Berringer Estate, Re

Nova Scotia Probate Court

Vincent, P. Allen, Q.C.

Registrar of Probate

May 11, 1988.

Summary:

A husband and father died intestate. His estranged widow applied to be appointed the administratrix of his estate. Two of the deceased's grandchildren objected, on the ground that the widow had left the deceased some years before and was living in adultery at the time of his death. The grandchildren also objected respecting the presumed influence that the widow's common law mate would exert over her in the administration of the estate assets to the detriment of the grandchildren.

The Registrar of the Nova Scotia Probate Court rejected the opposition and allowed the widow's application.

Executors and Administrators - Topic 534

Appointment, qualification and tenure - Administrators - Appointment - Persons entitled - The Registrar of the Nova Scotia Probate Court stated that the court can "pass over anyone" from being appointed administrator, with just cause, notwithstanding the order of priority referred to in s. 20 of the Probate Act - See paragraph 13.

Executors and Administrators - Topic 536

Appointment, qualification and tenure - Administrators - Appointment - Effect of appointment - The Registrar of the Nova Scotia Probate Court opined that a decision under s. 20 of the Probate Act respecting the granting of administration of an estate was "probably not appealable" - See paragraph 17.

Words and Phrases

Left - The Registrar of the Nova Scotia Probate Court held that the word "left" as found in the phrase "if a wife has left her husband ..." in s. 17(1) of the Intestate Succession Act, R.S.N.S. 1967, c. 153, meant desertion or leaving without justification and not simply a physical separation - See paragraph 10.

Words and Phrases

Shall - The Registrar of the Nova Scotia Probate Court held that the word "shall" as found in the preamble in s. 20 of the Probate Act, R.S.N.S. 1967, c. 238, referred only to the order of priority to be considered when making an appointment of an administrator - See paragraph 13.

Statutes Noticed:

Intestate Succession Act, R.S.N.S. 1967, c. 153, sect. 17(1) [paras. 9, 15].

Probate Act, R.S.N.S. 1967, c. 238, sect. 20 [paras. 12, 17]; sect. 161(1) [para. 17].

Counsel:

Not available.