Davison Estate (Re)

Davison Estate (Re)

The court concluded Blanche Carolyn Davison's elective share was effectively satisfied by the income she and her son received from the blueberry lands and woodlot; there were no competing, proven claims to the real property and Barbara Baxter is the sole surviving heir entitled to the property; under Probate Act s64 the court will permit transfer of the property to Baxter rather than public auction provided she meets conditions (new appraisal, payment of outstanding real property taxes and funeral account, and repayment from the estate of legal and appraisal fees).

Citation
2002 NSSC 253
Parties
Administratrix De Bonis Non / Sole Surviving Heir / Applicant: Barbara Baxter; Deceased (estate): James Wilmer Davison; Occupant / Claimant / Heir of Blanche Carolyn Davison / Respondent: Robert Murphy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 October 2002
Procedural Posture
Probate / Estate Administration / Citation Hearing to Determine Ownership and Disposition of Estate Real Property (oral Decision)
Outcome
Court ordered that title to the real property of the Estate of James Wilmer Davison be transferred to Barbara Baxter without public auction pursuant to Probate Act s64, subject to specified conditions
Legal Topics
Intestate Succession, Administration of Estates, Transfer of Real Property Under Probate Act S64, Partition of Lands Under Probate Act S94, Laches and Estoppel by Acquiescence, Claims by Surviving Spouse/elective Share
Source Language
English
Probate Wills and Estates Property Law Intestate Succession Administration of Estates Transfer of Real Property Under Probate Act S64 Partition of Lands Under Probate Act S94 Laches and Estoppel by Acquiescence +1 more

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Parties

Barbara Baxter

Administratrix De Bonis Non / Sole Surviving Heir / Applicant

James Wilmer Davison

Deceased (estate)

Robert Murphy

Occupant / Claimant / Heir of Blanche Carolyn Davison / Respondent

Procedural Posture

Probate / Estate Administration / Citation Hearing to Determine Ownership and Disposition of Estate Real Property (oral Decision)

Legal Issues

  1. 1 Who holds title to the real property of the Estate of James Wilmer Davison
  2. 2 Whether property must be sold at public auction under the Probate Act or may be transferred privately to heir
  3. 3 Whether Blanche Carolyn Davison (deceased spouse) or her heir (Robert Murphy) retains a claim to the estate that prevents transfer

Ratio Decidendi

The court concluded Blanche Carolyn Davison's elective share was effectively satisfied by the income she and her son received from the blueberry lands and woodlot; there were no competing, proven claims to the real property and Barbara Baxter is the sole surviving heir entitled to the property; under Probate Act s64 the court will permit transfer of the property to Baxter rather than public auction provided she meets conditions (new appraisal, payment of outstanding real property taxes and funeral account, and repayment from the estate of legal and appraisal fees).

Court Disposition

Court ordered that title to the real property of the Estate of James Wilmer Davison be transferred to Barbara Baxter without public auction pursuant to Probate Act s64, subject to specified conditions

Orders

  • Title to the real property of the Estate of James Wilmer Davison to be transferred to Barbara Baxter instead of being sold at public auction pursuant to Probate Act s64, subject to conditions
  • Barbara Baxter must obtain a further appraisal as required under the Probate Act