Travers v. Casey

Travers v. Casey

The general devise 'all my estate, real and personal' was held to include the testator's private property as well as ecclesiastical property standing in his name, with the succeeding words imposing trusts that the property be used for religion, education and charity; therefore no intestacy arose and the devise passed the residuary estate to the Roman Catholic Bishop of St. John (corporation sole).

Citation
(1904) 34 SCR 419
Parties
Appellant: Catherine Travers; Appellant: Boyle Trayers; Respondent: Timothy Casey; Respondent: Thomas Connolly
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 March 1904
Procedural Posture
Appeal From Supreme Court of New Brunswick; Construction of Will (equity) / On Appeal to the Supreme Court of Canada From a Final Decision of the Supreme Court of New Brunswick Affirming the Court of Equity
Outcome
Appeal dismissed; judgment of Supreme Court of New Brunswick affirmed
Legal Topics
Construction of Will, Devise to Corporation Sole, Intestacy, Church/ Ecclesiastical Property, Trusts for Charitable Purposes
Source Language
English
Estates Wills Trusts Property Equity Construction of Will Devise to Corporation Sole Intestacy +2 more

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Parties

Catherine Travers

Appellant

Boyle Trayers

Appellant

Timothy Casey

Respondent

Thomas Connolly

Respondent

Procedural Posture

Appeal From Supreme Court of New Brunswick; Construction of Will (equity) / On Appeal to the Supreme Court of Canada From a Final Decision of the Supreme Court of New Brunswick Affirming the Court of Equity

Legal Issues

  1. 1 Whether the general devise in the Bishop's will passed his private property as well as ecclesiastical property to the Roman Catholic Bishop of St. John (a corporation sole)
  2. 2 Whether the language of the will should be confined to church property standing in the testator's name or construed to effect a general devise of all estate
  3. 3 Whether an intestacy arose as to any part of the testator's estate

Ratio Decidendi

The general devise 'all my estate, real and personal' was held to include the testator's private property as well as ecclesiastical property standing in his name, with the succeeding words imposing trusts that the property be used for religion, education and charity; therefore no intestacy arose and the devise passed the residuary estate to the Roman Catholic Bishop of St. John (corporation sole).

Court Disposition

Appeal dismissed; judgment of Supreme Court of New Brunswick affirmed

Orders

  • Appeal dismissed with costs
  • Costs to be paid out of the estate