Cluett Estate, Re, (1986) 96 N.S.R.(2d) 66 (ProbCt)

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: April 16, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 96 N.S.R.(2d) 66 (ProbCt)

Cluett Estate, Re (1986), 96 N.S.R.(2d) 66 (ProbCt);

    253 A.P.R. 66

MLB headnote and full text

In The Matter Of the Estate of Watson Cluett, deceased;

And In The Matter Of a Determination of Persons Entitled To Distribution of Surplus Proceeds of the Estate

(No. 39826)

Indexed As: Cluett Estate, Re

Nova Scotia Probate Court

Allen, Registrar of Probate

April 16, 1986.

Summary:

A testator's will provided benefits for his "children". The testator's wife had an illegitimate child four years before they married. The issue was whether the wife's illegitimate child was intended to be included in the definition of "children".

The Registrar of the Nova Scotia Probate Court held that there was insufficient evidence to prove the testator intended to benefit his wife's illegitimate child when he used the word "children".

Wills - Topic 7002

Construction - Persons entitled to take - "Children" - The testator's will provided benefits for his "children" - The testator's wife had an illegitimate child four years before they married - The issue was whether the wife's illegitimate child was intended to be included in the definition of "children" - The Registrar of the Nova Scotia Probate Court held that there was insufficient evidence to prove the testator intended to benefit his wife's illegitimate child when he used the word "children".

Counsel:

[None disclosed].

This case was heard before Allen, Registrar of Probate, of the Nova Scotia Probate Court, who delivered the following judgment orally on April 16, 1986.