White et al. v. Barton

White et al. v. Barton

The bequest vested in the grandson at the testator's death, subject to being divested if he died before attaining 25 years, therefore on attaining 25 he is entitled to the principal plus intermediate income (less sums advanced for maintenance and education); where executors failed to establish a trust fund the legatee is entitled to interest at the legal rate from date of death.

Citation
[1941] SCR 426
Parties
Plaintiff/appellant: Mildred White; Plaintiff/appellant: Louisa Chard; Defendant/respondent: Thomas Barton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1941
Procedural Posture
Appeal; Construction of Will; Probate/estate / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Motion for Declaratory Construction of Will
Outcome
Appeal dismissed with costs.
Legal Topics
Vesting of Legacy, Accretion of Income, Gift Over, Construction of Testamentary Provisions, Executors' Duties, Interest on Unpaid Legacies
Source Language
English
Estates Wills Trusts Property Law Succession Vesting of Legacy Accretion of Income Gift Over +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mildred White

Plaintiff/appellant

Louisa Chard

Plaintiff/appellant

Thomas Barton

Defendant/respondent

Procedural Posture

Appeal; Construction of Will; Probate/estate / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Motion for Declaratory Construction of Will

Legal Issues

  1. 1 Whether the $7,000 legacy vested at the testator's death or was contingent until the legatee reached 25 years
  2. 2 Whether the legatee is entitled to intermediate income from date of death to attainment of 25 years
  3. 3 Whether executors were required to set aside and invest the $7,000 as a trust fund immediately

Ratio Decidendi

The bequest vested in the grandson at the testator's death, subject to being divested if he died before attaining 25 years, therefore on attaining 25 he is entitled to the principal plus intermediate income (less sums advanced for maintenance and education); where executors failed to establish a trust fund the legatee is entitled to interest at the legal rate from date of death.

Court Disposition

Appeal dismissed with costs.

Orders

  • Declared that Thomas Barton is entitled on attaining the age of twenty-five years to interest upon the bequest of $7,000 to be computed at the legal rate of interest commencing from the date of the death of the testator, less sums, if any, paid out in the meantime by the executrices for his maintenance and education.