Rowe Estate v. Green Estate et al., (1971) 1 Nfld. & P.E.I.R. 525 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 11, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 1 Nfld. & P.E.I.R. 525 (NFSC)

Rowe Estate v. Green Estate (1971), 1 Nfld. & P.E.I.R. 525 (NFSC)

MLB headnote and full text

Estate of Rowe v. Estate of Green et al.

Indexed As: Rowe Estate v. Green Estate et al.

Newfoundland Supreme Court

At Trial

Higgins, J.

March 11, 1971.

Summary:

Trial Court directed that the monies in a joint bank account in the names of the deceased and his sister, who survived him, be awarded to the heirs of the deceased.

Trial Court stated that, since the deceased deposited all the monies in the account, a presumption against an intention to create a joint tenancy was raised. The presumption was not rebutted by the evidence and the Trial Court held that there was a resulting trust in favour of the deceased and that the monies should go to the heirs of the deceased.

Gifts - Topic 724

Gifts - Inter vivos - Banks and banking - Transfers to - Joint accounts - Brother and sister established joint bank account with right of survivorship - Survivor not contributing to or operating account - Presumption against joint tenancy and gift - Resulting trust - The Newfoundland Supreme Court, Trial Division, held the survivor was not entitled to any monies in joint bank account.

Cases Noticed:

Re Mailman, [1941] 3 D.L.R. 449, folld.

Niles v. Lake, [1947] 2 D.L.R. 248, folld.

Counsel:

Roy C.B. Mercer, Q.C., Registrar of the Supreme Court as administrator of the Estate of Stanley Mark Rowe, deceased, in person;

Thomas E. Williams, for the executors of the will of Flora Coish Green;

Michael J. Monaghan for the next-of-kin of the deceased.