Oliver v. Davidson

Oliver v. Davidson

By majority the Court held the direction that Alexander work on the farm until his legacy became due constituted a condition precedent to payment of the $1,600 legacy; accordingly the legacy was not payable to the assignee where the condition was not performed, and the appeal was allowed, reversing the courts below.

Source-derived case information.

Citation
(1882) 11 SCR 166
Parties
Appellants: Agnes Oliver et al.; Respondent: Alexander Davidson; Defendant: Duncan McFarlane; Defendant: W.M. Oliver
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1882
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario
Outcome
Appeal allowed with costs; decree of the Court of Chancery and judgment of the Court of Appeal for Ontario reversed.
Legal Topics
Will Construction, Legacy, Condition Precedent, Forfeiture, Residuary Estate
Source Language
english
Estates Wills Trusts Property Will Construction Legacy Condition Precedent Forfeiture +1 more

Source-derived case record

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Parties

Agnes Oliver et al.

Appellants

Alexander Davidson

Respondent

Duncan McFarlane

Defendant

W.M. Oliver

Defendant

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the direction that Alexander work on the farm was a condition precedent to his right to the $1,600 legacy
  2. 2 Whether the legacy was payable to the assignee in insolvency of Alexander Oliver

Ratio Decidendi

By majority the Court held the direction that Alexander work on the farm until his legacy became due constituted a condition precedent to payment of the $1,600 legacy; accordingly the legacy was not payable to the assignee where the condition was not performed, and the appeal was allowed, reversing the courts below.

Court Disposition

Appeal allowed with costs; decree of the Court of Chancery and judgment of the Court of Appeal for Ontario reversed.

Orders

  • Appeal allowed with costs.
  • Decree of the Court of Chancery and judgment of the Court of Appeal for Ontario reversed with costs to the appellants in both courts.