Allan et al. v. Evans et vir.

Allan et al. v. Evans et vir.

Because the Civil Code treats a universal legatee as 'heir' when a will appoints one, and the testator had communicated the sister's will before making the codicil, the phrase 'her heirs' in the codicil must be read to mean the sister's testamentary heirs (universal legatees), so the bequest passed to them.

Citation
(1900) 30 SCR 416
Parties
Appellants: Robert Anderson Allan and others; Respondents: Harriet Elizabeth Evans et vir
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Civil Appeal Succession (will/codicil) / Final Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada
Outcome
Appeal allowed with costs; action dismissed with costs
Legal Topics
Construction of 'heir', Universal Legatee, Codicil Interpretation, Testamentary Succession, Heirs Vs Heirs at Law
Source Language
English
Estates Succession Wills Civil Code Interpretation Appeal Construction of 'heir' Universal Legatee Codicil Interpretation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Anderson Allan and others

Appellants

Harriet Elizabeth Evans et vir

Respondents

Procedural Posture

Civil Appeal Succession (will/codicil) / Final Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada

Legal Issues

  1. 1 Whether the phrase 'her heirs' in the codicil refers to the testamentary heirs (universal legatees) of Margaret Anderson or to her heirs-at-law/natural heirs
  2. 2 Whether under the Civil Code of Lower Canada a universal legatee is to be treated as the sole 'heir' for purposes of interpreting subsequent testamentary dispositions

Ratio Decidendi

Because the Civil Code treats a universal legatee as 'heir' when a will appoints one, and the testator had communicated the sister's will before making the codicil, the phrase 'her heirs' in the codicil must be read to mean the sister's testamentary heirs (universal legatees), so the bequest passed to them.

Court Disposition

Appeal allowed with costs; action dismissed with costs

Orders

  • Appeal allowed with costs
  • Judgment of Court of Queen's Bench and Superior Court reversed insofar as it maintained plaintiffs' action