Lefebvre v. Major

Lefebvre v. Major

Court held that due execution of the 1923 will could be reasonably inferred from solicitor involvement and execution in his office; contents were clearly proved by witness testimony and correspondence; and the presumption of revocation was rebutted by evidence of continuing testamentary intention, independent witness statements shortly before death, and plausible inadvertent loss (burning of personal effects). Therefore probate should be granted (either the 1923 will or, if validly executed, the 1924 will), and the Appellate Division's reversal was set aside.

Citation
[1930] SCR 252
Parties
Appellant Executrix (executor Propounding Will): Marie Felicite Lefebvre; Appellant Executor (executor Propounding Will): Joseph Lefebvre; Appellant Executor/witness (executor Propounding Will): Zoel Cyr; Respondent Nephew/defendant (opposing Probate): Henri Major; Respondent Nephew/defendant (opposing Probate): William Major; Respondent Listed as Defendant in Record: Marie Felicite Lefebvre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 February 1930
Procedural Posture
Probate Appeal (will Admitted to Probate by Surrogate Court Appealed to Appellate Division and Then to Supreme Court of Canada) / Final Judgment on Appeal (supreme Court of Canada)
Outcome
Appeal allowed; judgment of Surrogate Court restored; will admitted to probate.
Legal Topics
Execution of Wills, Proof of Contents of Will, Presumption of Revocation/destruction Animo Revocandi, Dependent Relative Revocation, Safe Custody of Wills
Source Language
English
Estates Wills and Probate Succession Evidence Execution of Wills Proof of Contents of Will Presumption of Revocation/destruction Animo Revocandi Dependent Relative Revocation +1 more

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Parties

Marie Felicite Lefebvre

Appellant Executrix (executor Propounding Will)

Joseph Lefebvre

Appellant Executor (executor Propounding Will)

Zoel Cyr

Appellant Executor/witness (executor Propounding Will)

Henri Major

Respondent Nephew/defendant (opposing Probate)

William Major

Respondent Nephew/defendant (opposing Probate)

Marie Felicite Lefebvre

Respondent Listed as Defendant in Record

Procedural Posture

Probate Appeal (will Admitted to Probate by Surrogate Court Appealed to Appellate Division and Then to Supreme Court of Canada) / Final Judgment on Appeal (supreme Court of Canada)

Legal Issues

  1. 1 Whether the alleged will(s) were duly executed in accordance with statutory formalities
  2. 2 Whether the contents of the alleged will(s) were sufficiently proved
  3. 3 Whether the presumption that the testator destroyed the will animo revocandi (because it was traced to his possession and not found after death) was rebutted

Ratio Decidendi

Court held that due execution of the 1923 will could be reasonably inferred from solicitor involvement and execution in his office; contents were clearly proved by witness testimony and correspondence; and the presumption of revocation was rebutted by evidence of continuing testamentary intention, independent witness statements shortly before death, and plausible inadvertent loss (burning of personal effects). Therefore probate should be granted (either the 1923 will or, if validly executed, the 1924 will), and the Appellate Division's reversal was set aside.

Court Disposition

Appeal allowed; judgment of Surrogate Court restored; will admitted to probate.

Orders

  • Appeal allowed with costs
  • Probate granted and judgment of Surrogate Court restored