Houghton v. Bell

Houghton v. Bell

Majority held the will created a single class to be ascertained at the period of distribution and the word "equally" required per capita distribution among those members; additionally, a person in possession under an express trust (or holding through a trustee with notice) cannot acquire title by the statute of limitations, so James J. Bell could not claim the land by prescription.

Citation
(1892) 23 SCR 498
Parties
Appellant (plaintiff): Georgiana J. Houghton; Appellant (plaintiff): John B. Wright; Respondent (defendant): James J. Bell
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 April 1892
Procedural Posture
Appeal Concerning Will Construction and Administration of Estate / Final Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed with costs; cross-appeal dismissed with costs; judgment of trial judge (Ferguson J.) restored
Legal Topics
Will Construction, Per Stirpes Vs. Per Capita Distribution, Trust Possession, Statute of Limitations (cestui Que Trust Exception)
Source Language
English
Estates Trusts Property Limitations Will Construction Per Stirpes Vs. Per Capita Distribution Trust Possession Statute of Limitations (cestui Que Trust Exception)

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

Georgiana J. Houghton

Appellant (plaintiff)

John B. Wright

Appellant (plaintiff)

James J. Bell

Respondent (defendant)

Procedural Posture

Appeal Concerning Will Construction and Administration of Estate / Final Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether beneficiaries under the will take per capita or per stirpes
  2. 2 Whether a devisee who entered possession can acquire title by statute of limitations when he held under an express trust created by the will

Ratio Decidendi

Majority held the will created a single class to be ascertained at the period of distribution and the word "equally" required per capita distribution among those members; additionally, a person in possession under an express trust (or holding through a trustee with notice) cannot acquire title by the statute of limitations, so James J. Bell could not claim the land by prescription.

Court Disposition

Appeal allowed with costs; cross-appeal dismissed with costs; judgment of trial judge (Ferguson J.) restored

Orders

  • Appeal allowed with costs
  • Cross-appeal dismissed with costs