Jackson's Estate, Re, (1991) 106 N.S.R.(2d) 55 (ProbCt)

• Judge: Haliburton, J.
• Case Date: May 07, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 106 N.S.R.(2d) 55 (ProbCt)

Jackson Estate, Re (1991), 106 N.S.R.(2d) 55 (ProbCt);

    288 A.P.R. 55

MLB headnote and full text

In The Matter Of the Estate of Hilton F. Jackson, late of Lower Clarence, Annapolis County, Nova Scotia, deceased

Indexed As: Jackson's Estate, Re

Nova Scotia Court of Probate

Haliburton, J.

July 31, 1991.

Summary:

The testator's will was amended by nota­tions and the crossing out of certain para­graphs. Some were initialled by the testator and witnesses, some were not. The executrix of the estate applied for proof of the will in solemn form.

The Nova Scotia Court of Probate granted letters testamentary and determined which of the changes were valid.

Wills - Topic 1744

Preparation and execution - Alterations and deletions - Validity of - The para­graph in the testator's will appointing his daughter as executrix was crossed out with an "X" - It was not initialled by the testa­tor or any witnesses - A notation on the third page of the will appointed his sister as executrix - Another paragraph leaving the residue of his estate to his daughters was noted "change" and initialled by the testa­tor and two witnesses - Other nota­tions were uninitialled - The Nova Scotia Probate Court granted letters testamen­tary to the sister as execu­trix - The court stated that the existing residuary clause continued to apply.

Cases Noticed:

D'Aubin Estate v. D'Aubin et al. (1981), 46 N.S.R.(2d) 481; 89 A.P.R. 481 (T.D.), refd to. [para. 12].

MacCulloch's Estate, Re (1981), 44 N.S.R.(2d) 666; 83 A.P.R. 666 (T.D.), refd to. [para. 12].

O'Brien, Re (1978), 25 N.S.R.(2d) 262; 36 A.P.R. 262 (C.A.), refd to. [para. 13].

Langseth Estate, Re (1991), 68 Man.R.(2d) 289 (C.A), refd to. [para. 29].

Statutes Noticed:

Wills Act, R.S.N.S. 1989, c. 505, sect. 6 [para. 7]; sect. 7 [para. 9]; sect. 19 [para. 10].

Authors and Works Noticed:

Bailey, S.J., The Law of Wills (7th Ed. 1973), p. 51 [para. 11].

Feeney, Thomas G., The Canadian Law of Wills (3rd Ed.), vol. 1, p. 96 [para. 8].

Halsbury's Laws of England (3rd Ed.), vol. 39, pp. 950-951 [para. 12].

Counsel:

H. Heidi Foshay Kimball, for the Estate of Hilton F. Jackson.

This application was heard on May 7, 1991, at Annapolis Royal, N.S., before Haliburton, J., of the Nova Scotia Probate Court, who delivered the following judgment on July 31, 1991.