Crocker Estate v. Senior et al., (1971) 2 Nfld. & P.E.I.R. 179 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 14, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 179 (NFSC)

Crocker Estate v. Senior (1971), 2 Nfld. & P.E.I.R. 179 (NFSC)

MLB headnote and full text

Estate of Crocker v. Senior et al.

Indexed As: Crocker Estate v. Senior et al.

Newfoundland Supreme Court

At Trial

Furlong, C.J.

May 14, 1971.

Summary:

Action by way of originating summons for the determination of questions arising out of a will.

Perpetuities - Topic 700

Wills - Interpretation - Rule against perpetuities - Instruction in will to invest sum "for life" for care of graves - Whether contrary rule against perpetuities - Clear intention of testatrix to establish trust fund for care of specified graves in particular way - The Newfoundland Supreme Court held bequest to terminate 21 years from testatrix's death.

Wills - Topic 4243

Failure of gifts - Interpretation - Uncertainty - Intention - Instruction in will to invest sum "for life" for care of graves - Whether void for uncertainty - Clear intention of testatrix to establish trust fund for care of specified graves in particular way - The Newfoundland Supreme Court held clause not void for uncertainty.

Cases Noticed:

In re Hooper; Parker v. Ward, [1932] 1 Ch. 38, folld.

Pirbright v. Salwey, [1896] W.N. 86, folld.

Counsel:

Wayne F. Spracklin, for the Plaintiff;

Raymond J. Halley, for the Defendants.