Debaie's Will, Re, (1977) 22 N.S.R.(2d) 326 (ProbCt)

• Judge: O Hearn, J.
• Court: Probate Court of Nova Scotia (Canada)
• Case Date: February 24, 1977
• Jurisdiction: Nova Scotia
• Citations: (1977), 22 N.S.R.(2d) 326 (ProbCt)

Debaie's Will, Re (1977), 22 N.S.R.(2d) 326 (ProbCt);

    31 A.P.R. 326

MLB headnote and full text

Re Debaie's Will

Indexed As: Debaie's Will, Re

Nova Scotia Probate Court

O Hearn, J.

February 24, 1977.

Summary:

This headnote contains no summary.

Wills - Topic 2406

Revival - Revival by codicil - Wills Act, R.S.N.S. 1967, c. 340, s. 20 - The testator made a will on November 30, 1973, and then revoked it by another will made in 1974 - In 1975 the testator made a codicil to this will and testament which was referred to as being made on November 30, 1973 - The Nova Scotia Probate Court held that the codicil must be taken to be codicil to the testator's actual last will of 1974 and that it did not revive the 1973 will - The Probate Court held that the codicil lacked sufficient expression of intention to revive the 1973 will.

Cases Noticed:

In the Goods of Steele; In the Goods of May; In the Goods of Wilson (1868), L.R. 1 P. & D. 575, folld. [para. 11].

MacDonnel v. Purcell; Cleary v. Purcell (1894), 23 S.C.R. 101, folld. [para. 13].

Jane v. Jane, 33 T.L.R. 389 (P.A. & Div.), folld. [para. 13].

Statutes Noticed:

Wills Act, R.S.N.S. 1967, c. 340, sect. 20 [para. 11].

Counsel:

Alan J. Stern, for the petitioner;

D.S. Johnson, for the respondents.

This case was heard at Halifax, Nova Scotia, before O HEARN, J., of the Nova Scotia Probate Court.

On February 24, 1977, O HEARN, J., delivered the following judgment: