Parrish Estate, Re, (2006) 247 N.S.R.(2d) 59 (SC)

• Judge: Tidman, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 08, 2006
• Jurisdiction: Nova Scotia
• Citations: (2006), 247 N.S.R.(2d) 59 (SC);2006 NSSC 191

Parrish Estate, Re (2006), 247 N.S.R.(2d) 59 (SC);

    785 A.P.R. 59

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. JL.018

In The Matter Of: The Estate of Murray Parrish

(11483; 2006 NSSC 191)

Indexed As: Parrish Estate, Re

Nova Scotia Supreme Court

Tidman, J.

June 26, 2006.

Summary:

Two clauses in a will read: "I distribute my assets as such: All my worthly goods are to be divided equally among my three children, named here as Donna Hirtle eldest daughter, Terry Parrish my only son, and Marlene Saunders youngest daughter." and "To my eldest daughter Donna Hirtle the cottage in my name at Lake Paul." The "worthy goods" clause was typewritten and the "eldest daughter - cottage" clause followed immediately in hand printing. The executor of the estate applied for the interpretation of the clauses.

The Nova Scotia Supreme Court held that Donna Hirtle was to receive the cottage as part of her one-third share of the residue. Further, the cottage lot included the lots to the east and west of the lot on which the cottage was located because they were reasonably necessary to its enjoyment.

Wills - Topic 7521

Construction - Quantity of interest taken - Real property - General - Two clauses in a will read: "I distribute my assets as such: All my worthly goods are to be divided equally among my three children, named here as Donna Hirtle eldest daughter, Terry Parrish my only son, and Marlene Saunders youngest daughter." and "To my eldest daughter Donna Hirtle the cottage in my name at Lake Paul." - The "worthy goods" clause was typewritten and the "eldest daughter - cottage" clause followed immediately in hand printing - The Nova Scotia Supreme Court held that Donna Hirtle was to receive the cottage as part of her one-third share of the residue - Further, the cottage lot included the lots to the east and west of the lot on which the cottage was located because they were reasonably necessary to its enjoyment.

Wills - Topic 7685

Construction - Quantity of interest taken - Residue - Determination of interest or share of residuary legatees - [See Wills - Topic 7521 ].

Cases Noticed:

Phillips Estate, Re (1995), 140 N.S.R.(2d) 213; 399 A.P.R. 213 (S.C.), dist. [para. 15].

Kotowski Estate, Re (1987), 49 Man.R.(2d) 284 (Q.B.), dist. [para. 17].

Badger v. Streight (1961), 29 D.L.R.(2d) 536 (B.C.C.A.), refd to. [para. 30].

Counsel:

Alison Scott Butler, Q.C., for the Executor;

Trinda Ernst, for Donna Hirtle.

This application was heard in Kentville, N.S., on June 8, 2006, by Tidman, J., of the Nova Scotia Supreme Court, who delivered the following decision on June 26, 2006.