Singer v. Singer

The majority held that the half-portion payments to sons on attaining thirty were advances (not strict loans) and vested in interest at the testator's death; vesting was not negated by the codicil postponing division of real property. However the vested interest was subject to defeasance by the executory gift over to issue on the contingency that issue survived, so the deceased son's share did not pass under his will but to his children (subject to statutory distribution rules), and the widow of the son took only by transmission from her deceased child's estate.

Citation: [1932] SCR 44
Parties: Applicant (beneficiary): Lorie Singer; Applicant (beneficiary): Madeline Singer; Applicant (next Friend and Widow of Deceased Son / Personal Representative): Ella Tarshis; Respondent (widow of Testator and Life Tenant): Annie Singer; Respondent (executor and Trustee): Moses J. Singer; Respondent (representing Contingent Infant Beneficiaries): Official Guardian
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 16 November 1931
Procedural Posture: Appeal Concerning Construction of Will and Rights Under Estate (final Appeal to Supreme Court of Canada) / Judgment on Appeal From Appellate Division of the Supreme Court of Ontario
Outcome: Appeal allowed (majority); declaration that the thirty-years advances vested in interest at the testator's death but were defeasible by the executory gift over to issue; therefore the deceased son's advance now belongs to his issue, not to his personal representative or widow except as inheritor of the child's share.
Legal Topics: Vesting of Interests, Advancements Vs Loans, Construction of Wills and Codicils, Executory Gift/defeasance, Lapse and Transmissibility of Testamentary Rights
Source Language: English

Estates Wills Trusts Property Succession Vesting of Interests Advancements Vs Loans Construction of Wills and Codicils +2 more

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Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3

Parties

Lorie Singer

Applicant (beneficiary)

Madeline Singer

Applicant (beneficiary)

Ella Tarshis

Applicant (next Friend and Widow of Deceased Son / Personal Representative)

Annie Singer

Respondent (widow of Testator and Life Tenant)

Moses J. Singer

Respondent (executor and Trustee)

Official Guardian

Respondent (representing Contingent Infant Beneficiaries)

Procedural Posture

Appeal Concerning Construction of Will and Rights Under Estate (final Appeal to Supreme Court of Canada) / Judgment on Appeal From Appellate Division of the Supreme Court of Ontario

Legal Issues

1 Whether the half-portion payment to sons at age thirty constituted a loan or an advancement
2 Whether the sons' half-portion vested at the testator's death or was postponed by the will/codicil
3 Whether a vested interest (if any) was transmissible to the son's personal representative or issue on his death before distribution

Ratio Decidendi

Court Disposition

Appeal allowed (majority); declaration that the thirty-years advances vested in interest at the testator's death but were defeasible by the executory gift over to issue; therefore the deceased son's advance now belongs to his issue, not to his personal representative or widow except as inheritor of the child's share.

Orders

Appeal allowed with costs to appellants to be paid out of the estate.
Declaration that the half-portion advances vested in interest at the testator's death but were subject to the executory gift over to issue; the deceased son's share does not pass under his will but to his issue as directed by the testator.