Remillard v. Chabot

Remillard v. Chabot

The will’s clause giving ownership to 'my grandchildren' to 'be divided among them in equal shares' is plain and unambiguous; therefore the substitution opens at the death of the children and the grandchildren take directly under the will per capita, not per stirpes.

Citation
(1903) 33 SCR 328
Parties
Appellants (plaintiffs): Joseph Jacques Arthur Placide Remillard et al; Respondents (defendants): Marcel Hubert Chabot et al
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1903
Procedural Posture
Appeal (will Construction) / Final Judgment by Supreme Court of Canada on Appeal
Outcome
Appeal allowed; judgment of Court of King's Bench reversed; judgment of Superior Court restored.
Legal Topics
Construction of Will, Substitution (opening), Per Capita Vs Per Stirpes, Usufruct, Legacy
Source Language
English
Estates Succession Wills Property Construction of Will Substitution (opening) Per Capita Vs Per Stirpes Usufruct +1 more

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Parties

Joseph Jacques Arthur Placide Remillard et al

Appellants (plaintiffs)

Marcel Hubert Chabot et al

Respondents (defendants)

Procedural Posture

Appeal (will Construction) / Final Judgment by Supreme Court of Canada on Appeal

Legal Issues

  1. 1 Whether the substitution created by the will opens on the death of each child and how the substituted portion is to be divided (per capita or per stirpes)
  2. 2 Whether grandchildren take directly under the will or only through their deceased parents

Ratio Decidendi

The will’s clause giving ownership to 'my grandchildren' to 'be divided among them in equal shares' is plain and unambiguous; therefore the substitution opens at the death of the children and the grandchildren take directly under the will per capita, not per stirpes.

Court Disposition

Appeal allowed; judgment of Court of King's Bench reversed; judgment of Superior Court restored.

Orders

  • Appeal allowed
  • Judgment of the Court of King's Bench (appeal side) reversed