Meagher v. Meagher

Meagher v. Meagher

The majority held that clause 5 conferred on the two named daughters a beneficial life interest in the specified property and that the words 'or otherwise' in the power of disposition, read in their ordinary sense, granted them an unfettered power of appointment which they could exercise in favour of any person, including themselves; accordingly the appeal was dismissed with costs.

Citation
(1916) 53 SCR 393
Parties
Appellant/plaintiff: George Meagher; Appellant/defendant: Others (Defendants); Respondent/defendant: Mary Ann Meagher; Respondent/defendant: Others (Respondents)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1916
Procedural Posture
Appeal Concerning Construction of Will and Trust (wills and Estates) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Final Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Construction of Will, Power of Appointment, Life Interest, Trust Vs Beneficial Ownership, Disposition Power
Source Language
English
Wills and Estates Trusts Property Law Equity Construction of Will Power of Appointment Life Interest Trust Vs Beneficial Ownership +1 more

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Parties

George Meagher

Appellant/plaintiff

Others (Defendants)

Appellant/defendant

Mary Ann Meagher

Respondent/defendant

Others (Respondents)

Respondent/defendant

Procedural Posture

Appeal Concerning Construction of Will and Trust (wills and Estates) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario; Final Judgment on Appeal

Legal Issues

  1. 1 Whether clause 5 of the will created a beneficial life interest in the two named daughters or left them merely trustees
  2. 2 Whether the phrase 'to make such disposition thereof from time to time among my children or otherwise' confers a general/unfettered power of appointment capable of being exercised in favour of any person including the donees themselves
  3. 3 Whether the wording should be construed to limit appointment to the testator's children or to give an unrestricted power

Ratio Decidendi

The majority held that clause 5 conferred on the two named daughters a beneficial life interest in the specified property and that the words 'or otherwise' in the power of disposition, read in their ordinary sense, granted them an unfettered power of appointment which they could exercise in favour of any person, including themselves; accordingly the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs