Filleul Estate, Re, (1980) 57 N.S.R.(2d) 224 (ProbCt)

JudgeO Hearn, J.
CourtNova Scotia Probate Court
Case DateNovember 27, 1980
JurisdictionNova Scotia
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.

Summary:

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.

Statutes Noticed:

Probate Act, R.S.N.S. 1967, c. 238, sect. 161 [para. 2].

Counsel:

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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