Creighton Estate, Re, (1987) 80 N.S.R.(2d) 233 (ProbCt)

JudgePalmeter, J.
CourtProbate Court of Nova Scotia (Canada)
Case DateJune 24, 1987
JurisdictionNova Scotia
Citations(1987), 80 N.S.R.(2d) 233 (ProbCt)

Creighton Estate, Re (1987), 80 N.S.R.(2d) 233 (ProbCt);

    200 A.P.R. 233

MLB headnote and full text

In The Matter Of: Section 161(1) of the Probate Act, R.S.N.S. 1967, c. 238

In The Matter Of: An application for the Appointment for C. Jacob Creighton as an Executor of and under the Last Will and Testament of Thomas McCully Creighton, deceased

(C.H. 57354)

Indexed As: Creighton Estate, Re

Nova Scotia Probate Court

Palmeter, J.

July 15, 1987.

Summary:

Creighton was domiciled in Nova Scotia and died in England. His will named English executors respecting English assets and a foreign executor respecting Canadian assets. Probate of the will was granted in England to the English executors only. The estate applied in Nova Scotia for probate of the will to the foreign executor, on a limited basis covering the Canadian assets. The Registrar of Probate held that he had no jurisdiction to grant probate. The estate appealed.

The Nova Scotia Court of Probate allowed the appeal and ordered the Registrar to grant limited probate of the will to the foreign executor.

Executors and Administrators - Topic 1031

Grant of probate or letters of administration - Application for grant - Where probate granted in foreign jurisdiction - Creighton was domiciled in Nova Scotia and died in England - His will named English executors to administer English assets and a foreign executor to administer Canadian assets - Probate of the will was granted in England to the English executors only - The English courts had no power to grant probate to the foreign executor - The Registrar of Probate refused, without reasons, to grant probate to the foreign executor - The Nova Scotia Probate Court held that there were no grounds, statutory or otherwise, to refuse to grant probate to the foreign executor where the will had already been probated in England.

Cases Noticed:

Re Wilson Estate (1914), 19 D.L.R. 698, refd to. [para. 17].

Statutes Noticed:

Probate Act, R.S.N.S. 1967, c. 238, sect. 10(1) [para. 18]; sect. 150 [para. 14]; sect. 161(1) [para. 17].

Counsel:

M. Jill Hamilton and Marjorie Hickey, for the applicant.

This appeal was heard on June 24, 1987, before Palmeter, J., of the Nova Scotia Court of Probate, who delivered the following judgment on July 15, 1987.

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2 practice notes
  • Granovsky et al. v. Ontario, (1998) 53 O.T.C. 375 (GD)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • February 12, 1998
    ...to. [para. 13]. Cohen's Executors and London County Council, In re, [1901] 1 Ch. 187, refd to. [para. 13]. Creighton Estate, Re (1987), 80 N.S.R.(2d) 233; 200 A.P.R. 233; 27 E.T.R. 81 (Prob. Ct.), refd to. [para. Douglas-Menzies v. Umphelby, [1908] A.C. 224 (P.C.), refd to. [para. 15]. Cana......
  • Walcott v. Walcott, 2017 NSSC 327
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 26, 2017
    ...no appeal lies against an order or decree granting letters of probate…”[4] The same reasoning was applied in Re Creighton Estate (1987), 80 NSR (2d) 233, 1987 CarswellNS 90 (Prob Ct).[5][17] Accordingly, if the Registrar’s order constitutes a grant, no appeal is possible. The first thing to......
2 cases
  • Granovsky et al. v. Ontario, (1998) 53 O.T.C. 375 (GD)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • February 12, 1998
    ...to. [para. 13]. Cohen's Executors and London County Council, In re, [1901] 1 Ch. 187, refd to. [para. 13]. Creighton Estate, Re (1987), 80 N.S.R.(2d) 233; 200 A.P.R. 233; 27 E.T.R. 81 (Prob. Ct.), refd to. [para. Douglas-Menzies v. Umphelby, [1908] A.C. 224 (P.C.), refd to. [para. 15]. Cana......
  • Walcott v. Walcott, 2017 NSSC 327
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 26, 2017
    ...no appeal lies against an order or decree granting letters of probate…”[4] The same reasoning was applied in Re Creighton Estate (1987), 80 NSR (2d) 233, 1987 CarswellNS 90 (Prob Ct).[5][17] Accordingly, if the Registrar’s order constitutes a grant, no appeal is possible. The first thing to......

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