Pratt et al. v. Johnson et al.

Pratt et al. v. Johnson et al.

Majority held that evidence, the terms of the joint will and the 1948 order established an agreement that the survivor would hold for use in life but that what remained at her death would be distributed to the five named beneficiaries, and that assets in the survivor's hands at her death (including assets received from the husband's estate) were impressed with a trust for those five beneficiaries; therefore the 1952 will provisions adding three beneficiaries were ineffective as to those trust assets.

Citation
[1959] SCR 102
Parties
Appellant (executor): Ross J. Pratt; Appellant (beneficiary Under 1952 Will): Anna Gudmundson; Appellant (beneficiary Under 1952 Will): Rosa Peterson; Appellant (beneficiary Under 1952 Will): Margaret Peterson; Respondent (beneficiary Under 1945 Joint Will): Sigridur Johnson; Respondent (beneficiary Under 1945 Joint Will): Gudrun Johnson; Respondent (beneficiary Under 1945 Joint Will): Freda Palmer; Respondent (beneficiary Under 1945 Joint Will): Jonina Hallgrimson; Respondent (represented Estate): Helga Bjornson (estate)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 December 1958
Procedural Posture
Appeal (supreme Court of Canada) / On Appeal From the Court of Appeal for Saskatchewan; Final Determination by Supreme Court of Canada
Outcome
Appeal dismissed (majority: Kerwin C.J., Locke and Martland JJ.; Rand and Cartwright JJ. dissenting)
Legal Topics
Joint Wills, Mutual Wills, Construction of Wills, Res Judicata, Resulting/express Trust, Power of Appointment, Administration of Estates
Source Language
English
Estates Wills Trusts Equity Civil Procedure Joint Wills Mutual Wills Construction of Wills +4 more

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Parties

Ross J. Pratt

Appellant (executor)

Anna Gudmundson

Appellant (beneficiary Under 1952 Will)

Rosa Peterson

Appellant (beneficiary Under 1952 Will)

Margaret Peterson

Appellant (beneficiary Under 1952 Will)

Sigridur Johnson

Respondent (beneficiary Under 1945 Joint Will)

Gudrun Johnson

Respondent (beneficiary Under 1945 Joint Will)

Freda Palmer

Respondent (beneficiary Under 1945 Joint Will)

Jonina Hallgrimson

Respondent (beneficiary Under 1945 Joint Will)

Helga Bjornson (estate)

Respondent (represented Estate)

Procedural Posture

Appeal (supreme Court of Canada) / On Appeal From the Court of Appeal for Saskatchewan; Final Determination by Supreme Court of Canada

Legal Issues

  1. 1 Whether assets transferred to surviving spouse by virtue of a joint will are impressed with a trust for named beneficiaries
  2. 2 Whether the surviving spouse could validly add beneficiaries by a subsequent will
  3. 3 Whether the 1948 court interpretation was res judicata as to the existence of an agreement not to revoke

Ratio Decidendi

Majority held that evidence, the terms of the joint will and the 1948 order established an agreement that the survivor would hold for use in life but that what remained at her death would be distributed to the five named beneficiaries, and that assets in the survivor's hands at her death (including assets received from the husband's estate) were impressed with a trust for those five beneficiaries; therefore the 1952 will provisions adding three beneficiaries were ineffective as to those trust assets.

Court Disposition

Appeal dismissed (majority: Kerwin C.J., Locke and Martland JJ.; Rand and Cartwright JJ. dissenting)

Orders

  • Executor to distribute estate in accordance with the 1945 joint will in respect of assets impressed with the trust for the five named beneficiaries
  • Executor's obligation to treat assets received from husband's estate and survivor's assets as subject to the trust to the extent they remained at survivor's death