Morrison Estate, Re, (1982) 52 N.S.R.(2d) 640 (CA)

• Judge: MacKeigan, C.J.N.S., Cooper and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 25, 1982
• Jurisdiction: Nova Scotia
• Citations: (1982), 52 N.S.R.(2d) 640 (CA)

Morrison Estate, Re (1982), 52 N.S.R.(2d) 640 (CA);

    106 A.P.R. 640

MLB headnote and full text

Re Morrison Estate Turner, Plummer and Knower v. Morrison Estate United Rebekah Lodge #12 and Christ Church of Karsdale

(S.C.A. No. 00925)

Indexed As: Morrison Estate, Re

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Cooper and Macdonald, JJ.A.

May 25, 1982

Summary:

This case arose out of the validity of a will and whether the testatrix had testamentary capacity at the time of making a will. The trial judge held that the will was valid. The judgment of the trial court not reported in this series of reports. Relatives of the testatrix appealed to the Nova Scotia Court of Appeal.

The Nova Scotia Court of Appeal dismissed the appeal.

Wills - Topic 303

Testamentary capacity, tests for - The Nova Scotia Court of Appeal referred to the qualities of mind which would render a will invalid - See paragraph 26.

Wills - Topic 539

Testamentary capacity, evidence of - The Nova Scotia Court of Appeal referred to circumstances when the opinions of laymen respecting capacity may be accepted - See paragraph 25.

Cases Noticed:

Banks v. Goodfellow (1870), 5 L.R. (Q.B.) 549, refd to. [para. 9].

Re Davis (1963), 40 D.L.R.(2d) 801; refd to. [para. 24].

Re Gregory (1980), 37 N.S.R.(2d) 640; 67 A.P.R. 640, refd to. [para. 26].

Laramee v. Ferron (1909), 41 S.C.R. 391, refd to. [para. 29].

Counsel:

Gerald B. Freeman, Q.C., for the appellants;

Carman G. McCormick and John H. Armstrong, for the respondents.

This appeal was heard by MACKEIGAN, C.J.N.S., COOPER and MACDONALD, JJ.A., of the Appeal Division, of the Nova Scotia Supreme Court, at Halifax, Nova Scotia, on May 19, 1982.

The judgment of the Appeal Division was delivered by MACDONALD, J.A., on May 25, 1982: