Burdett v. Beyries and Others / Burdett and Others v. Decarie and Others

Burdett v. Beyries and Others / Burdett and Others v. Decarie and Others

The Court held that the general term 'disposed' in the conditional substitution clause includes testamentary dispositions; consequently the donee's will validly disposed of the donated property and the will beneficiaries are entitled to the property, so the appeal was dismissed.

Source-derived case information.

Citation
[1963] SCR 35
Parties
Plaintiffs Appellants: Georges Burdett and Others; Defendants Respondents: Jean-Louis Decarie and Others; Defendants Respondents: Jean-Marie Beyries and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 1962
Procedural Posture
Appeal / Final Hearing and Judgment by Supreme Court of Canada on Appeal
Outcome
Appeal dismissed
Legal Topics
Conditional Substitution, Gift Inter Vivos, Testamentary Disposition, Deed Interpretation
Source Language
english
Property Law Succession Conditional Substitution Gift Inter Vivos Testamentary Disposition Deed Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Georges Burdett and Others

Plaintiffs Appellants

Jean-Louis Decarie and Others

Defendants Respondents

Jean-Marie Beyries and Others

Defendants Respondents

Procedural Posture

Appeal / Final Hearing and Judgment by Supreme Court of Canada on Appeal

Legal Issues

  1. 1 Whether the term 'disposed' in the conditional substitution clause includes testamentary dispositions
  2. 2 Whether the donee had the right to dispose of the donated property by will
  3. 3 How to interpret the donation deed clause in context of the instrument and Civil Code provisions

Ratio Decidendi

The Court held that the general term 'disposed' in the conditional substitution clause includes testamentary dispositions; consequently the donee's will validly disposed of the donated property and the will beneficiaries are entitled to the property, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs