Davis, Re, (1977) 4 A.R. 339 (SurCt)

• Judge: Bracco, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 24, 1977
• Citations: (1977), 4 A.R. 339 (SurCt)

Davis, Re (1977), 4 A.R. 339 (SurCt)

MLB headnote and full text

Re Davis

Indexed As: Davis, Re

Alberta Surrogate Court

Judicial District of Edmonton

Bracco, J.

January 24, 1977.

Summary:

This headnote contains no summary.

Wills - Topic 536

Testamentary capacity - Presumption of testamentary capacity - A 94 year old woman executed a will while in a hospital - The witnesses to the will, a lawyer and a hospital administrator, testified that the woman was alert and read and understood the terms of the will - The Alberta Surrogate Court held that the woman's will was valid - The Surrogate Court stated that testamentary capacity will be presumed when a testator reads a will and appears to understand it - See paragraph 16.

Cases Noticed:

Laramee v. Ferron, [1909] S.C.R. 391, folld. [para. 9].

O'Niel v. Royal Trust Co., [1946] S.C.R. 622, folld. [para. 9].

Re Martin: MacGregor v. Ryan, [1965] S.C.R. 757, folld. [paras. 10, 16].

Briscoe v. Baillie Hamilton and others, [1902] P.D. 234, folld. [para. 15].

Counsel:

N. Foster, for the Davis Estate;

E. Smith, for Prowse.

The judgment of BRACCO, J., of the Alberta Surrogate Court was filed at Edmonton, Alberta on January 24, 1977.