Bovaird and White v. Peacock, (1969) 1 N.B.R.(2d) 312 (QB)

• Jurisdiction: New Brunswick
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Judge: Barry, J.
• Citation: (1969), 1 N.B.R.(2d) 312 (QB)
• Date: 25 March 1969

Bovaird v. Peacock (1969), 1 N.B.R.(2d) 312 (QB);

    1 R.N.-B.(2e) 312

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Bovaird and White v. Peacock

Indexed As: Bovaird and White v. Peacock

Répertorié: Bovaird and White v. Peacock

New Brunswick Court of Queen's Bench

Barry, J.

March 25, 1969.

Summary:

Résumé:

Testator while in Army completed a printed will form which stated "I bequeath my personal estate consisting of bank account, pay and personal effects unto Amelia Pearl Johnston" (Defendant).

The New Brunswick Court of Queen's Bench held that there was no intestacy with respect to $3,000 proceeds of life insurance policy and $11,000 Canada Savings Bonds and that whole of estate passed to the defendant, Peacock, under the Will.

The New Brunswick Court of Queen's Bench held that words "my personal estate" meant "all" of the deceased's personal estate and Court followed general rule of interpretation that a testator after making a will does not intend to die intestate with respect to his property.

Wills - Topic 7273

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

Cases Noticed:

Re Gifford, [1944] c. 186, folld.

Re Aird, [1954] 2 D.L.R. 473, folld.

Re Wragg-Hollingsworth and another (1959), 2 All E.R. 717, folld.

Re Hanson, 30 Ch.D. 393, folld.

Perrin et al. v. Morgan et al., [1943] A.C. 399, folld.

Re Clark Estate (1954), 13 W.W.R. 79, folld.

Re O'Donnell, [1945] O.W.N. 768, folld.

Stevens-Pateman v. James et al. (1952), 1 All E.R. 674, folld.

West v. Lawday (1865), 11 E.R. (H. of L.) 1378, folld.

Stanley v. Stanley, 70 E.R. 1152, folld.

Travers v. Blundell (1877), 6 Ch.D. 436 (C.A.), folld.

Statutes Noticed:

Wills Act, S.N.B. 1959, c. 15, sect. 21(2), sect. 24(2).

Counsel:

J. Ian Whitcomb, for the plaintiffs;

Henry E. Ryan, Q.C., and William Meltzer, for the defendant.