Whiteway Estate v. Robinson, (1970) 1 Nfld. & P.E.I.R. 158 (NFTD)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 04, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 158 (NFTD)

Whiteway Est. v. Robinson (1970), 1 Nfld. & P.E.I.R. 158 (NFTD)

MLB headnote and full text

Estate of Whiteway v. Robinson

Indexed As: Whiteway Estate v. Robinson

Newfoundland Supreme Court

Trial Division

Puddester, J.

December 4, 1970.

Summary:

Trial Court ordered that Testatrix's first will should be admitted to probate and that a second will should be construed as a codicil to the first will. The second will did not state that it revoked the first will or that it was the last will of the testatrix. The first will made a complete distribution of the estate and the second will merely altered the first with regard to the immediate sale of real estate and distribution of money in two banks. Court stated that the making of a subsequent will does not constitute a total revocation of a prior one, unless it expressly, or in effect, revokes the prior will, and if a subsequent will is partly inconsistent with a prior one, then the prior will is revoked only as to those parts where they are inconsistent.

Wills - Topic 83

Testamentary instruments - Successive wills - Effect of second will - Effect of holograph second will not purporting to revoke prior will or referring to itself as last will - Prior will made complete distribution of estate while subsequent will altered it in only two respects - Wills capable of standing together - Intention of testatrix - The Newfoundland Supreme Court, Trial Division, held second will was a codicil to prior will.

Wills - Topic 5064

Construction - Interpretation of words - Money - Meaning of word "money" - Rule of construction is that "money" does not extend beyond what is literally "money" unless context requires it - (Newfoundland Supreme Court, Trial Division).

Words and Phrases

Money - Meaning of word "money" in will - Rule of construction is that "money" does not extend beyond what is literally "money" unless context requires it - (Newfoundland Supreme Court, Trial Division).

Cases Noticed:

Lemage v. Goodban (1865-1869), 1 L.R.P. & D. 57, folld.

In the Goods of Petchell (1874), L.R. 3 P. & D. 153, folld.

Re Owens Estate (1956), 18 W.W.R. 43, folld.

In Re Snow Estate, [1932] 1 W.W.R. 473, folld.

Montagu v. Earl of Sandwich (1863), 2 Beavan 324, folld.

Barrett v. White (1855), 24 L.T.Ch. 724, folld.

Cadogan v. Palogi (1884), 25 Ch. D. 154, dist.

In Re Goods of Bramley, [1902] P. 106, dist.

Counsel:

James A. Gibbs, Q.C., for the plaintiff;

Gordon M. Stirling, Q.C., for the defendant.