Bezpalko Estate, Re, (1979) 26 A.R. 131 (QB)

• Judge: Foisy, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 31, 1979
• Citations: (1979), 26 A.R. 131 (QB)

Bezpalko Estate, Re (1979), 26 A.R. 131 (QB)

MLB headnote and full text

Re Bezpalko Estate

(7903 - 03086)

Indexed As: Bezpalko Estate, Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Foisy, J.

October 31, 1979.

Summary:

This headnote contains no summary.

Wills - Topic 1186

Donees - Identification of donees entitled to take - Institutions - A testator left part of the residue of his estate to the "St. Joseph's Orphanage at Mundare, Alberta, expressly for crippled children" - The orphanage at Mundare, Alberta, was operated by the Order of the Sister Servants of Mary Immaculate but was closed when the testator died - The orphanage at Mundare, Alberta, was succeeded by an orphanage at Ituna, Saskatchewan which was operated by the same order - The Alberta Court of Queen's Bench held that the gift was valid because it was in reality a gift to the order for the purpose expressed in the will.

Cases Noticed:

Re Machin (1979), 9 Alta. L.R.(2d) 296, refd to. [para. 11].

Authors and Works Noticed:

Waters' Law of Trusts in Canada, page 519 [para. 15].

Counsel:

Kenneth G. Tamke, for St. Anne's Orphanage;

Lorne McFayden, for Alberta Rehabilitation Council for the Disabled;

Jason Van Doesburg, for the residual beneficiaries;

Joseph T. Trofimuk, Guardian ad litem of the Estates of the next-of-kin of Deceased;

Robert Lisevich, for Public Trustee.

This case was heard by FOISY, J., of the Alberta Court of Queen's Bench. The judgment of FOISY, J., was delivered at Edmonton, Alberta, on October 31, 1979.