Thompson v. Smith

Thompson v. Smith

No contrary intention to exclude the daughter appeared in the will; the phrase 'my lawful heirs' must be read in its ordinary sense as referring to the heirs at the testator's death, so the remainder vested accordingly and the daughter was not excluded.

Citation
(1897) 27 SCR 628
Parties
Appellants (plaintiffs): Mary Harte Thompson and Others; Respondents (defendants): Joseph Smith; Maud Brigham; Eugenia Florence Reiffenstein
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 June 1897
Procedural Posture
Appeal / Final Appeal to the Supreme Court of Canada on Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Construction of Wills, Words of Futurity, Vesting of Remainder, Definition of Heir, Life Estate and Remainder, Lien for Improvements
Source Language
English
Estates Wills Property Equity Construction of Wills Words of Futurity Vesting of Remainder Definition of Heir +2 more

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Parties

Mary Harte Thompson and Others

Appellants (plaintiffs)

Joseph Smith; Maud Brigham; Eugenia Florence Reiffenstein

Respondents (defendants)

Procedural Posture

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

Legal Issues

  1. 1 Whether the phrase 'my lawful heirs' was intended to exclude the testator's daughter who had been given a life estate
  2. 2 Whether the remainder vested at the testator's death or was postponed until the death of the survivor of the life tenants
  3. 3 Whether respondents were entitled to a lien for permanent improvements

Ratio Decidendi

No contrary intention to exclude the daughter appeared in the will; the phrase 'my lawful heirs' must be read in its ordinary sense as referring to the heirs at the testator's death, so the remainder vested accordingly and the daughter was not excluded.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.