Youck v. Youck, (1989) 75 Sask.R. 297 (QB)

• Judge: Matheson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 03, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 75 Sask.R. 297 (QB)

Youck v. Youck (1989), 75 Sask.R. 297 (QB)

MLB headnote and full text

Albert Youck and Fred Youck (plaintiffs) v. Godfrey Youck (defendant)

(No. 4226 A.D. 1987)

Indexed As: Youck v. Youck

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Matheson, J.

February 27, 1989.

Summary:

Two brothers claimed ownership of a home quarter section of land as beneficiaries under their father's will. They applied to set aside a transfer of the quarter section to their older brother by the executor of the estate, namely, their older brother. He alleged that it was his father's intention that he purchase the home quarter from his brothers and claimed that he had purchased it by making payments in grain and by cheque.

The Saskatchewan Court of Queen's Bench set aside the purchase.

Executors and Administrators - Topic 5209

Actions by and against representatives - Actions against executors - Re purchase or sale of estate property - The executor of an estate transferred to himself a home quarter of farmland - He claimed to have purchased it from the beneficiaries - - The Saskatchewan Court of Queen's Bench stated that whereas an executor could not purchase an asset from an estate, an executor was not prohibited from purchasing from the beneficiaries - See paragraphs 22 to 24 - The court set aside the purchase, however, where the executor had neglected to fully inform the beneficiaries of the nature of their interest in the property - See paragraphs 25 to 30.

Cases Noticed:

Dougan v. MacPherson, [1902] A.C. 197, refd to. [para. 25].

Crighton v. Roman, [1960] S.C.R. 858, refd to. [para. 25].

Statutes Noticed:

Improvements under Mistake of Title Act, R.S.S. 1978, c. I-1, sect. 2 [para. 33].

Authors and Works Noticed:

Lewin on Trusts (16th Ed.), pp. 693 [para. 23]; 697 [para. 24].

Waters, Law of Trusts in Canada, p. 729 [para. 24].

Williams, Mortimer and Sunnucks, Executors, Administrators and Probate (16th Ed.), p. 59 [para. 22].

Counsel:

W.R. Howe, for the plaintiffs;

S.G. McLean, for the defendant.

This case was heard before Matheson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on March 3, 1989.