Valois v. de Boucherville

Valois v. de Boucherville

Clause 15 is a valid charitable residuary bequest under art. 869 C.C.; the terms used fall within charitable/fins de bienfaisance and are not void for uncertainty where execution is possible; the fiduciary legatee takes the property as trustee notwithstanding the testamentary dispensation from formal accounting (per arts. 916, 840, 831 and 921 C.C.); the Superior Court lacks statutory jurisdiction under art. 50 C.C.P. or other provincial law to supervise or itself distribute the charitable funds at this stage; Attorney General intervention and supervisory powers were reserved for future determination and are not established as operative remedies here.

Citation
[1929] SCR 234
Parties
Appellant / Plaintiff (deceased Testatrix): Dame Philomène M. A. L. Valois; Respondents (testamentary Executors and Fiduciary Legatee): J. B. de Boucherville and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 February 1929
Procedural Posture
Appeal — Wills and Estates (charitable Bequest) / Supreme Court of Canada Judgment on Appeal From Court of King’s Bench, Quebec
Outcome
Appeal dismissed; judgment of Court of King’s Bench affirmed.
Legal Topics
Validity of Charitable Bequests, Certainty of Beneficiaries, Fiduciary Legatee Accountability and Discharge, Attorney General Intervention in Charity Matters, Jurisdiction to Supervise Execution of Wills, Construction of Testamentary Dispositions, Freedom to Testate
Source Language
English
Estates Trusts and Fiduciary Duty Charity Law Civil Procedure Validity of Charitable Bequests Certainty of Beneficiaries Fiduciary Legatee Accountability and Discharge Attorney General Intervention in Charity Matters +3 more

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Parties

Dame Philomène M. A. L. Valois

Appellant / Plaintiff (deceased Testatrix)

J. B. de Boucherville and Others

Respondents (testamentary Executors and Fiduciary Legatee)

Procedural Posture

Appeal — Wills and Estates (charitable Bequest) / Supreme Court of Canada Judgment on Appeal From Court of King’s Bench, Quebec

Legal Issues

  1. 1 Whether residuary legacy to a fiduciary for charitable purposes is void for vagueness or uncertainty
  2. 2 Whether the terms of the will constitute charitable purposes within art. 869 C.C.
  3. 3 Whether the testamentary dispensation from rendering accounts is lawful under Quebec civil law

Ratio Decidendi

Clause 15 is a valid charitable residuary bequest under art. 869 C.C.; the terms used fall within charitable/fins de bienfaisance and are not void for uncertainty where execution is possible; the fiduciary legatee takes the property as trustee notwithstanding the testamentary dispensation from formal accounting (per arts. 916, 840, 831 and 921 C.C.); the Superior Court lacks statutory jurisdiction under art. 50 C.C.P. or other provincial law to supervise or itself distribute the charitable funds at this stage; Attorney General intervention and supervisory powers were reserved for future determination and are not established as operative remedies here.

Court Disposition

Appeal dismissed; judgment of Court of King’s Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King’s Bench, appeal side, Quebec affirmed