Collicutt Estate, Re, (1993) 120 N.S.R.(2d) 389 (ProbCt)

Court:Nova Scotia Probate Court
Case Date:November 26, 1992
Jurisdiction:Nova Scotia
Citations:(1993), 120 N.S.R.(2d) 389 (ProbCt)
 
FREE EXCERPT

Collicutt Estate, Re (1993), 120 N.S.R.(2d) 389 (ProbCt);

  332 A.P.R. 389

MLB headnote and full text

In The Matter Of The Estate of Mildred Louise Collicutt, late of Mahone Bay, in the County of Lunenburg, Province of Nova Scotia, deceased; and Hazel Knickle;

And In The Matter Of Peter J. Haughn and Nancy Haughn, both of Lunenburg, in the County of Lunenburg, Province of Nova Scotia.

Indexed As: Collicutt Estate, Re

Nova Scotia Probate Court

Carver, J.C.C.

January 26, 1993.

Summary:

The executors of the previous will of a testator applied for the executrix of the testator's estate to show cause why she should not take out a citation to have the will proven in solemn form.

The Nova Scotia Probate Court allowed the application.

Executors and Administrators - Topic

1138

Grant of probate or letters of administra­tion - Proof of will in solemn form - Parties - Status - The executors of the testator's 1985 will were also beneficiaries - A subsequent will (1988) named Knickle as executrix and made her sole beneficiary - The former executors applied to have Knickle show cause why she should not apply for a citation to have the 1988 will proven in solemn form - Knickle claimed they lacked status to apply - The Nova Scotia Probate Court held that the former executors and devisees had status to bring the application as persons interested in the estate under s. 36(1) of the Probate Act.

Statutes Noticed:

Probate Act, R.S.N.S. 1989, c. 359, sect. 36(1) [para. 10]; sect. 36(2)(b) [para. 5].

Counsel:

Walton W. Cook, Q.C., for Hazel Knickle

Patrick A. Burke, for Peter and Nancy Haughn.

This application was heard on November 26, 1992, before Carver, J.C.C., of the Nova Scotia Probate Court, who delivered the following judgment on January 26, 1993.

To continue reading

FREE SIGN UP