Parrish Estate (Re)

Parrish Estate (Re)

Reading the will as a whole and giving effect to the testator's expressed intention to divide his estate equally, the handwritten clause was a modification of the residuary division rather than an additional gift; accordingly the cottage was intended to form part of Donna's one‑third share. Because the adjoining...

Source-derived case information.

Citation
2006 NSSC 191
Parties
Deceased/testator: Murray Parrish; Executor: Terry Parrish; Beneficiary (daughter): Donna Hirtle
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2006
Procedural Posture
Probate / Will Interpretation / Application for Interpretation / Hearing
Outcome
Application granted in part: the cottage is held to be part of Donna Hirtle's one‑third share and the devise of the cottage includes all three Lake Paul lots; costs awarded.
Legal Topics
Will Interpretation, Specific Devise Vs Residue, Determination of Parcels Necessary for Enjoyment of Devised Property, Costs
Source Language
english
Probate Wills and Estates Property Law Will Interpretation Specific Devise Vs Residue Determination of Parcels Necessary for Enjoyment of Devised Property Costs

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Parties

Murray Parrish

Deceased/testator

Terry Parrish

Executor

Donna Hirtle

Beneficiary (daughter)

Procedural Posture

Probate / Will Interpretation / Application for Interpretation / Hearing

Legal Issues

  1. 1 Whether the handwritten devise of the cottage to Donna was intended to operate in addition to her one‑third share of the residue or as part of that share
  2. 2 Whether the devise of the cottage included one, two or all three lots at Lake Paul necessary for the use and enjoyment of the cottage

Ratio Decidendi

Reading the will as a whole and giving effect to the testator's expressed intention to divide his estate equally, the handwritten clause was a modification of the residuary division rather than an additional gift; accordingly the cottage was intended to form part of Donna's one‑third share. Because the adjoining lots (including the lot with the septic system) are reasonably necessary for the use and enjoyment of the cottage, the devise of the cottage includes all three lots. The executor's valuation powers permit adjustment/accounting as required.

Court Disposition

Application granted in part: the cottage is held to be part of Donna Hirtle's one‑third share and the devise of the cottage includes all three Lake Paul lots; costs awarded.

Orders

  • Donna Hirtle is entitled to the cottage as part of her one‑third share of the residue and the devise of the cottage includes all three identified Lake Paul lots (PID 55377279, PID 5512724, PID 55377287).
  • Costs of this application are awarded to both parties on a solicitor/client basis to be paid out of the estate.