Hayman v. Nicoll

Hayman v. Nicoll

The codicil's language was precatory and, read in context with the will and codicils, did not create a trust; the evidence did not establish any extrinsic communication or acceptance necessary for a secret trust and lacked the required corroboration, therefore no trust arose and the bequest was absolute to the legatee (now her estate).

Citation
[1944] SCR 253
Parties
Appellant (administrator of the Estate of Ina F. Sutherland): Gordon Hayman; Respondent (plaintiff, on Behalf of the Residuary Legatees of Lydia A. Nicoll): Foster Nicoll; Testatrix (deceased): Lydia A. Nicoll; Legatee (deceased): Ina F. Sutherland; Co Plaintiff (deceased): Hallet Nicoll
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1944
Procedural Posture
Appeal / On Appeal From the Supreme Court of Nova Scotia in Banco to the Supreme Court of Canada
Outcome
Appeal allowed; judgment at trial restored; decision of Supreme Court of Nova Scotia in banco reversed
Legal Topics
Precatory Trusts, Secret Trust, Resulting Trust, Will Construction, Corroboration of Oral Evidence
Source Language
English
Estates Trusts Wills Equity Evidence Precatory Trusts Secret Trust Resulting Trust +2 more

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Parties

Gordon Hayman

Appellant (administrator of the Estate of Ina F. Sutherland)

Foster Nicoll

Respondent (plaintiff, on Behalf of the Residuary Legatees of Lydia A. Nicoll)

Lydia A. Nicoll

Testatrix (deceased)

Ina F. Sutherland

Legatee (deceased)

Hallet Nicoll

Co Plaintiff (deceased)

Procedural Posture

Appeal / On Appeal From the Supreme Court of Nova Scotia in Banco to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the bequest in the codicil created a trust or was a mere precatory gift
  2. 2 Whether a secret trust was established by extrinsic communication and acceptance
  3. 3 Whether lack of evidence and statutory corroboration required resulting trust to residuary legatees

Ratio Decidendi

The codicil's language was precatory and, read in context with the will and codicils, did not create a trust; the evidence did not establish any extrinsic communication or acceptance necessary for a secret trust and lacked the required corroboration, therefore no trust arose and the bequest was absolute to the legatee (now her estate).

Court Disposition

Appeal allowed; judgment at trial restored; decision of Supreme Court of Nova Scotia in banco reversed

Orders

  • Appeal allowed and judgment of trial judge restored
  • Costs to the appellant throughout, including costs in this Court and in the Court of Appeal