Bovaird v. Peacock, (1969) 1 N.B.R.(2d) 745 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 25, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 745 (CA)

Bovaird v. Peacock (1969), 1 N.B.R.(2d) 745 (CA);

    1 R.N.-B.(2e) 745

MLB headnote and full text

Sommaire et texte intégral

Bovaird v. Peacock

Indexed As: Bovaird v. Peacock

Répertorié: Bovaird v. Peacock

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

July 10, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed decision of the trial Court and held that the testator intended to bequeath the whole of his personal estate when the testator executed his will and that there was no intestacy with respect to after acquired property.

The New Brunswick Court of Appeal held that a bequest of "my personal estate consisting of bank account, pay and personal effects unto Amelia Pearl Johnston", comprised a gift of the whole of the testator's personal estate; and that the words of the enumeration following the words "consisting of" were not inserted to restrict the generality of the gift of the whole of the testator's estate. Court referred to presumption that testator does not intend to die intestate after he has executed a will.

Appeal from a judgment of Barry, J., dated March 25, 1969 arising out of an action by the daughters of the deceased for a declaration that the deceased died intestate with respect to a portion of his personal property.

Wills - Topic 7273

Construction, quantity of interest taken - Personal property - After acquired personalty - Interpretation of words and bequest of personal estate - Whether after acquired personalty not enumerated in will is subject of intestacy (New Brunswick Court of Appeal).

Cases Noticed:

West v. Lawday, [1865] 11 E.R. 1378 (H.L.), dist.

Travers v. Blundell (1877), 6 Ch.D. 436, dist.

Dean v. Gibson (1867), 3 Eq. Cas. 713, folld.

Re Aird, [1954] 2 D.L.R. 473 (B.C.C.A.), folld.

Statutes Noticed:

Wills Act, S.N.B. 1959, c. 15, sect. 21(2).

Counsel:

J. Ian Whitcomb, for the plaintiff/appellant;

William Meltzer, for the defendant/respondent;

Donald F. MacGowan and G.C. Collier, as counsel.

APPEAL from a judgment of Barry, J. dated March 25, 1969 arising out of an action by the daughters of the deceased for a declaration that the deceased died intestate with respect to a portion of his personal property.

The judgment of the Court was delivered by Hughes, J.A.