Morice v. Davidson

Morice v. Davidson

Net proceeds of sale of the homestead must be divided in proportion to the respective values of the widow's life estate and of the remainder; the widow is entitled to receive from such proceeds the share representing the value of her life estate (with valuation by agreement or reference, e.g. to an actuary).

Citation
[1943] SCR 94
Parties
Appellant: Caroline Morice; Respondent Executor: C. W. Davidson; Respondent Administrator (representing Other Interested Persons): Samuel A. Moore
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1943
Procedural Posture
Appeal Concerning Estate Administration Under the Dower Act / Judgment on Appeal From Provincial Court of Appeal Answering Originating Motion for Opinion, Advice and Direction
Outcome
Appeal allowed in part; judgment below amended to order that net proceeds of sale be divided proportionally between life estate and remainder with widow to receive share representing value of life estate; costs of both parties to be paid out of the estate.
Legal Topics
Dower, Life Estate Valuation, Sale of Homestead Proceeds, Executor Duties, Distribution of Estate Proceeds
Source Language
English
Estates Succession Property Law Equity Dower Life Estate Valuation Sale of Homestead Proceeds Executor Duties +1 more

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Parties

Caroline Morice

Appellant

C. W. Davidson

Respondent Executor

Samuel A. Moore

Respondent Administrator (representing Other Interested Persons)

Procedural Posture

Appeal Concerning Estate Administration Under the Dower Act / Judgment on Appeal From Provincial Court of Appeal Answering Originating Motion for Opinion, Advice and Direction

Legal Issues

  1. 1 Whether widow entitled to immediate payment equal to one-third of testator's net estate or only periodic payments of one-third of receipts
  2. 2 Whether widow entitled to any portion of sale proceeds of homestead and if so what share and when
  3. 3 How to value and divide proceeds when life estate and remainder are severed and sold

Ratio Decidendi

Net proceeds of sale of the homestead must be divided in proportion to the respective values of the widow's life estate and of the remainder; the widow is entitled to receive from such proceeds the share representing the value of her life estate (with valuation by agreement or reference, e.g. to an actuary).

Court Disposition

Appeal allowed in part; judgment below amended to order that net proceeds of sale be divided proportionally between life estate and remainder with widow to receive share representing value of life estate; costs of both parties to be paid out of the estate.

Orders

  • Net proceeds of sale of the homestead to be divided in proportion to the respective values of the life estate and of the remainder; widow to receive the share representing the value of the life estate.
  • If parties cannot agree on valuation, the amount is to be fixed on reference with the aid of an actuary.