Filleul Estate, Re, (1980) 57 N.S.R.(2d) 224 (ProbCt)
|Judge:||O Hearn, J.|
|Court:||Nova Scotia Probate Court|
|Case Date:||November 27, 1980|
|Citations:||(1980), 57 N.S.R.(2d) 224 (ProbCt)|
Filleul Estate, Re (1980), 57 N.S.R.(2d) 224 (ProbCt);
120 A.P.R. 224
MLB headnote and full text
Re Filleul's Estate
Indexed As: Filleul Estate, Re
Nova Scotia Probate Court
O Hearn, J.
November 27, 1980.
This case arose out of a submission to determine whether a Judge of Probate had jurisdiction to hear an appeal from a Registrar of Probate's decision to grant probate or letters of administration. The Nova Scotia Probate Court held that the Probate Court had no jurisdiction to hear the appeal.
Courts - Topic 6127
Provincial Courts - Nova Scotia - Probate Court - Jurisdiction - Appeals - The Nova Scotia Probate Court held that under s. 161(1) of the Probate Act no appeal would lie from the Registrar of Probate to a Judge of Probate from a grant of probate or letters of administration, even where the appeal was based on allegations that the Registrar improperly exercised his discretion - See paragraphs 1 to 3.
Probate Act, R.S.N.S. 1967, c. 238, sect. 161 [para. 2].
Allan G. Hayman, for Clayton Munroe;
R.J. Stinson, for Veronica Walls.
This case was heard before O HEARN, J., of the Nova Scotia Probate Court, who delivered the following judgment on November 27, 1980.
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