National Trust Co. Ltd. v. Fleury et al.

National Trust Co. Ltd. v. Fleury et al.

Majority held there was a sufficient indication in the language and scheme of the will (notably preservation of corpus and trustees’ discretionary encroachment provisions, and use of future tense) that the statutory next-of-kin were to be ascertained at the death of the life tenant (the daughter); therefore one-half of the residue is to be distributed among those persons entitled at the daughter’s death (nephews and nieces), and the appeal dismisses the executor’s claim.

Citation
[1965] SCR 817
Parties
Appellant / Plaintiff: National Trust Company Limited (executor of the last will and testament of Marguerite W. Fleury); Respondent / Defendant: William E. Fleury; Respondent / Defendant: Elinor M. Cameron; Respondent / Defendant: National Trust Company Limited (trustee); Respondent / Defendant: Harold Learoyd Steele
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1965
Procedural Posture
Civil Appeal (wills and Estates) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Motion for Construction of Will
Outcome
Appeal dismissed (Judson J. dissenting)
Legal Topics
Construction of Wills, Ascertainment of Class Beneficiaries, Statutory Distribution of Estates, Rule in Bullock V. Dowries, Life Interest and Remainders
Source Language
English
Wills and Estates Trusts Succession Law Construction of Wills Ascertainment of Class Beneficiaries Statutory Distribution of Estates Rule in Bullock V. Dowries Life Interest and Remainders

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Parties

National Trust Company Limited (executor of the last will and testament of Marguerite W. Fleury)

Appellant / Plaintiff

William E. Fleury

Respondent / Defendant

Elinor M. Cameron

Respondent / Defendant

National Trust Company Limited (trustee)

Respondent / Defendant

Harold Learoyd Steele

Respondent / Defendant

Procedural Posture

Civil Appeal (wills and Estates) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Motion for Construction of Will

Legal Issues

  1. 1 Whether persons entitled under the Statute of Distribution are to be ascertained at the testator’s death or at the death of the life tenant (the testator’s daughter)

Ratio Decidendi

Majority held there was a sufficient indication in the language and scheme of the will (notably preservation of corpus and trustees’ discretionary encroachment provisions, and use of future tense) that the statutory next-of-kin were to be ascertained at the death of the life tenant (the daughter); therefore one-half of the residue is to be distributed among those persons entitled at the daughter’s death (nephews and nieces), and the appeal dismisses the executor’s claim.

Court Disposition

Appeal dismissed (Judson J. dissenting)

Orders

  • Appeal dismissed
  • Costs of all parties to be paid out of the estate