Baldwin v. Mooney / In re estate of Peter Donald, Deceased

Baldwin v. Mooney / In re estate of Peter Donald, Deceased

Because Saskatchewan (English) law treats a bequest to "children" as referring to legitimate offspring in the ordinary sense and there was no indication in the will that the testator intended to include adopted children, an adopted child under foreign (Washington) law does not take under the will; the foreign adoption statute does not alter the meaning of "children" for the purpose of a Saskatchewan-governed testamentary gift.

Citation
[1929] SCR 306
Parties
Appellant (guardian of James W. Speedie): M. Edith Baldwin; Respondents (executors): William T. Mooney and Others; Deceased/testator: Peter Donald; Ward (adopted Child / Beneficiary Claimant): James W. Speedie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 March 1929
Procedural Posture
Will/estate – Construction and Succession / Appeal (per Saltum) to the Supreme Court of Canada From Court of King’s Bench, Saskatchewan; Judgment on Appeal
Outcome
Appeal dismissed; judgment of Bigelow J. (Court of King’s Bench, Saskatchewan) affirmed.
Legal Topics
Will Construction, Adoption, Legitimacy, Domicile, Beneficiary Entitlement
Source Language
English
Estates Succession Conflict of Laws Family Law Private International Law Will Construction Adoption Legitimacy +2 more

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Parties

M. Edith Baldwin

Appellant (guardian of James W. Speedie)

William T. Mooney and Others

Respondents (executors)

Peter Donald

Deceased/testator

James W. Speedie

Ward (adopted Child / Beneficiary Claimant)

Procedural Posture

Will/estate – Construction and Succession / Appeal (per Saltum) to the Supreme Court of Canada From Court of King’s Bench, Saskatchewan; Judgment on Appeal

Legal Issues

  1. 1 Whether an adopted child under foreign law qualifies as a "child" under a Saskatchewan will
  2. 2 Whether foreign adoption and domicile confer testamentary beneficiary status when will uses the word "children" in its ordinary sense
  3. 3 Whether the rule treating legitimacy by father's domicile applies to cases of adoption

Ratio Decidendi

Because Saskatchewan (English) law treats a bequest to "children" as referring to legitimate offspring in the ordinary sense and there was no indication in the will that the testator intended to include adopted children, an adopted child under foreign (Washington) law does not take under the will; the foreign adoption statute does not alter the meaning of "children" for the purpose of a Saskatchewan-governed testamentary gift.

Court Disposition

Appeal dismissed; judgment of Bigelow J. (Court of King’s Bench, Saskatchewan) affirmed.

Orders

  • Appeal dismissed.
  • Costs of the appeal and of the proceedings below to be paid out of the estate as between solicitor and client.