Aubertin v. Cité de Montréal

Aubertin v. Cité de Montréal

The Court found the will created an usufruct (simultaneous jouissance to the four sons and nue-propriété to their children) rather than a fiduciary substitution; therefore the sheriff's sale discharged the plaintiffs' rights and the City obtained absolute title; appeal dismissed.

Citation
[1957] SCR 643
Parties
Plaintiffs/appellants: Benjamin Aubertin et al.; Defendant/respondent: La Cité de Montréal; Mis En Cause: Caisse et Hurteau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1957
Procedural Posture
Appeal / Final Judgment of the Supreme Court of Canada on Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Usufruct, Substitution Fidéicommissaire, Interpretation of Wills, Effect of Sheriff's Sale, Succession
Source Language
English
Estates Property Civil Procedure Usufruct Substitution Fidéicommissaire Interpretation of Wills Effect of Sheriff's Sale Succession

Case Brief

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Parties

Benjamin Aubertin et al.

Plaintiffs/appellants

La Cité de Montréal

Defendant/respondent

Caisse et Hurteau

Mis En Cause

Procedural Posture

Appeal / Final Judgment of the Supreme Court of Canada on Appeal From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the testamentary disposition created an usufruct or a fidéicommissary substitution
  2. 2 Whether the sheriff's sale purged the appellees' (grandchildren's) rights if a substitution existed
  3. 3 How to interpret terms 'jouissance et usufruit' and 'nue propriété' in determining testator's intention

Ratio Decidendi

The Court found the will created an usufruct (simultaneous jouissance to the four sons and nue-propriété to their children) rather than a fiduciary substitution; therefore the sheriff's sale discharged the plaintiffs' rights and the City obtained absolute title; appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs