Gates Estate (Re)

Gates Estate (Re)

Applying the armchair rule and weighing the surrounding circumstances (the testator's notes, draft will that initially included the Huey lot, the 1986 codicil, consistent family testimony and the overall intent to effect an equitable division), the court concluded the testator intended 'the Joel Gates lot at Green Bay' to mean the Huey lot and 'the Lewis Romkey lot at Green Bay' to mean the group of Joel Gates Lots 1-5 as per the 1920 plan, less prior conveyances; the applicant's contrary interpretation was less persuasive and likely motivated by post-mortem commercial concerns.

Citation
2018 NSSC 266
Parties
Applicant; Co Personal Representative of the Estate of Greta Janet Gates: Darren James Gates; Respondent; Co Personal Representative of the Estate of Greta Janet Gates: Ann Elizabeth Veinotte
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 November 2018
Procedural Posture
Will Interpretation / Estate Administration Dispute / Trial Decision (final Hearing)
Outcome
Applicant's proposed interpretation rejected; court adopts respondent's interpretation and grants declaratory relief consistent with respondent's position
Legal Topics
Will Interpretation, Construction of Testamentary Gifts, Admissibility of Extrinsic Evidence, Residuary Clause Allocation
Source Language
English
Wills and Estates Property Law Succession Will Interpretation Construction of Testamentary Gifts Admissibility of Extrinsic Evidence Residuary Clause Allocation

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Parties

Darren James Gates

Applicant; Co Personal Representative of the Estate of Greta Janet Gates

Ann Elizabeth Veinotte

Respondent; Co Personal Representative of the Estate of Greta Janet Gates

Procedural Posture

Will Interpretation / Estate Administration Dispute / Trial Decision (final Hearing)

Legal Issues

  1. 1 What property was intended by the phrase 'the Joel Gates lot at Green Bay' in the 2011 will of Greta Gates?
  2. 2 What property was intended by the phrase 'the Lewis Romkey lot at Green Bay' in the 2011 will of Greta Gates?
  3. 3 Whether surrounding circumstances and extrinsic evidence may be used to resolve the ambiguity in the will

Ratio Decidendi

Applying the armchair rule and weighing the surrounding circumstances (the testator's notes, draft will that initially included the Huey lot, the 1986 codicil, consistent family testimony and the overall intent to effect an equitable division), the court concluded the testator intended 'the Joel Gates lot at Green Bay' to mean the Huey lot and 'the Lewis Romkey lot at Green Bay' to mean the group of Joel Gates Lots 1-5 as per the 1920 plan, less prior conveyances; the applicant's contrary interpretation was less persuasive and likely motivated by post-mortem commercial concerns.

Court Disposition

Applicant's proposed interpretation rejected; court adopts respondent's interpretation and grants declaratory relief consistent with respondent's position

Orders

  • Declaration that the 'Joel Gates lot at Green Bay' referred to in Clause 3(f)(2) of the 2011 will of Greta Gates is the piece of land also known as the 'Huey lot'.
  • Declaration that the 'Lewis Romkey lot at Green Bay' referred to in Clause 3(j)(5) of the 2011 will is the land consisting of Joel Gates Lots 1-5 (as shown in the 1920 plan of subdivision), minus any and all previous conveyances.