Dyck Estate, Re, (1979) 26 A.R. 85 (QB)

• Judge: Crossley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 14, 1979
• Citations: (1979), 26 A.R. 85 (QB)

Dyck Estate, Re (1979), 26 A.R. 85 (QB)

MLB headnote and full text

Re Dyck Estate

(7903 04734)

Indexed As: Dyck Estate, Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Crossley, J.

December 14, 1979.

Summary:

This headnote contains no summary.

Wills - Topic 5128

Construction - Misdescription of property or persons - Misdescription of firm - A testator disposed of royalties payable through the "Winnipeg Trust Company, Winnipeg, Manitoba" - The Alberta Court of Queen's Bench admitted evidence which showed that the testator had an account at the Winnipeg branch of the Canada Permanent Trust Company into which royalty payments were made by Imperial Oil Ltd. - The court substituted "Canada Permanent Trust Company" for the "Winnipeg Trust Company" because the description in the will was false as no such company existed at the time the will was made or when the testator died.

Cases Noticed:

MacKinley v. Sison, 8 Sim. 560; 59 E.R. 222, refd to. [para. 8].

Gallini v. Noble, 3 Mer. 691; 36 E.R. 265, refd to. [para. 9].

Penticost v. Ley, 2 J. & W. 206, refd to. [para. 9].

Re McCaig Estate, [1931] 2 W.W.R. 573, refd to. [para. 9].

Re McPhee Estate, [1948] 1 W.W.R. 65, refd to. [para. 9].

Authors and Works Noticed:

Halsbury's Laws of England (3rd Ed.), Vol. 39, page 1004 [para. 7].

Counsel:

J.A. Cox, Q.C., for the applicant;

W.T. Molloy, for the Charitable Organizations;

W.E. Wilson, for Residuary Beneficiaries.

This case was heard by CROSSLEY, J., of the Alberta Court of Queen's Bench. The judgment of CROSSLEY, J., was delivered at Edmonton, Alberta., on December 14, 1979.