Curran v. Davis

Curran v. Davis

The trust deed under Art.981a C.C. was perfected when the trustees accepted the transferred property; acceptance by the beneficiary was unnecessary and the donor had no power to unilaterally revoke the beneficiary’s stipulated annuity after trustee acceptance, so the revocation was null and the lower court judgment affirming the trust is correct.

Citation
[1933] SCR 283
Parties
Appellants — Executors and Legatees (defendants): Dame Eleanor Curran and Others ès-qual.; Respondent — Plaintiff (beneficiary): P. Meyer Davis; Mis En Cause — Trustees Under the Trust Deed: Trustees named in 21 Oct 1922 deed (mis-en-cause)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 April 1933
Procedural Posture
Appeal — Trust Dispute / Appeal to Supreme Court of Canada From Court of King’s Bench (appeal Side), Province of Quebec
Outcome
Appeal dismissed; judgment of Court of King’s Bench affirmed
Legal Topics
Acceptance by Trustee, Revocation by Donor, Stipulation for Third Party, Interpretation of Civil Code (arts. 981a, 1029, 777), Proper Parties to Suit
Source Language
English
Trusts Donations Civil Procedure Acceptance by Trustee Revocation by Donor Stipulation for Third Party Interpretation of Civil Code (arts. 981a, 1029, 777) Proper Parties to Suit

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 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dame Eleanor Curran and Others ès-qual.

Appellants — Executors and Legatees (defendants)

P. Meyer Davis

Respondent — Plaintiff (beneficiary)

Trustees named in 21 Oct 1922 deed (mis-en-cause)

Mis En Cause — Trustees Under the Trust Deed

Procedural Posture

Appeal — Trust Dispute / Appeal to Supreme Court of Canada From Court of King’s Bench (appeal Side), Province of Quebec

Legal Issues

  1. 1 Whether a trust deed under Art. 981a C.C. becomes perfect and irrevocable on acceptance by the trustees without acceptance by the beneficiary
  2. 2 Whether donor could revoke a stipulation in favour of a beneficiary after trustee acceptance
  3. 3 Whether the challenged disposition was a donatio mortis causa or a trust governed by Art. 981a C.C.

Ratio Decidendi

The trust deed under Art.981a C.C. was perfected when the trustees accepted the transferred property; acceptance by the beneficiary was unnecessary and the donor had no power to unilaterally revoke the beneficiary’s stipulated annuity after trustee acceptance, so the revocation was null and the lower court judgment affirming the trust is correct.

Court Disposition

Appeal dismissed; judgment of Court of King’s Bench affirmed

Orders

  • Appeal dismissed with costs
  • Act of revocation dated 10 October 1927 declared null and of no effect