Banque Jacques-Cartier v. Gratton et al.

Banque Jacques-Cartier v. Gratton et al.

The clauses granting executors power to make notes for winding up the testator's mercantile business and the clause authorizing discretionary payment of legacies to beneficiaries over 30 are separate and distinct; they cannot be read together to authorize borrowing by promissory note to advance a legatee's share,...

Source-derived case information.

Citation
(1900) 30 SCR 317
Parties
Plaintiff/appellant: La Banque Jacques-Cartier; Defendants/respondents: Philomène Gratton ês qual. et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 May 1900
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed with costs
Legal Topics
Powers of Executors, Promissory Notes, Advancement of Legatee, Interpretation of Wills, Notice to Bank
Source Language
english
Estates Trusts Commercial Law Banking Law Powers of Executors Promissory Notes Advancement of Legatee Interpretation of Wills +1 more

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Parties

La Banque Jacques-Cartier

Plaintiff/appellant

Philomène Gratton ês qual. et al.

Defendants/respondents

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether clauses of the will can be read together to authorize executors to borrow by promissory note to advance a legatee's share
  2. 2 Whether the bank, having notice of the will's limitations, could enforce notes given by executors for that purpose
  3. 3 Whether such advances can bind other beneficiaries or charge the estate

Ratio Decidendi

The clauses granting executors power to make notes for winding up the testator's mercantile business and the clause authorizing discretionary payment of legacies to beneficiaries over 30 are separate and distinct; they cannot be read together to authorize borrowing by promissory note to advance a legatee's share, and the bank, having notice of the will, cannot enforce such notes given beyond the executors' authority.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs