Sutherland Estate, Re, (1997) 160 N.S.R.(2d) 49 (ProbCt)

JudgeMacLellan, J.
CourtProbate Court of Nova Scotia (Canada)
Case DateMarch 03, 1997
JurisdictionNova Scotia
Citations(1997), 160 N.S.R.(2d) 49 (ProbCt)

Sutherland Estate, Re (1997), 160 N.S.R.(2d) 49 (ProbCt);

    473 A.P.R. 49

MLB headnote and full text

Temp. Cite: [1997] N.S.R.(2d) TBEd. MR.048

In the Estate of James Robert Henry (Harry) Sutherland, deceased

(Estate No. 17,886)

Indexed As: Sutherland Estate, Re

Nova Scotia Probate Court

MacLellan, J.

March 3, 1997.


The beneficiaries under Harry Sutherland's will applied for the interpretation of a clause in the will respecting the payment of a shareholder's loan.

The Nova Scotia Probate Court interpreted the clause.

Wills - Topic 7277

Construction - Quantity of interest taken - Personal property - Intention - General - Shareholder's loan - A marriage contract between Harry Sutherland and his wife Catherine provided that Harry pay Catherine 50% of a shareholder loan pay­able to him - The contract indicated that the exact amount was to be 50% of the loan amount outstanding as of Decem­ber 31, 1983 - In 1990, Harry made a will directing that Catherine receive the amount provided in the marriage contract - Harry died in 1993 - The executor determined the balance of the loan owing as of De­cember 31, 1983 at $445,405.06 and paid Catherine 50%, i.e. $222,702.53 - Other beneficiaries under the will argued that the loan had been reduced between 1983 and 1993, hence reduction of the amount pay­able to Catherine - The Nova Scotia Pro­bate Court ascertained Harry's intention and agreed with the executor.


Milton J. Veniot, Q.C., for the Executor, David Wallace;

John Langley, Q.C., for Elliott Paus-Jenssen;

Roberta Clarke, for Catherine Sutherland;

Philip J. Rafuse, for Robert H. Sutherland.

This application was heard on December 17, 1996, by MacLellan, J., of the Nova Scotia Probate Court.

MacLellan, J., delivered the following decision on March 3, 1997.

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