Power v. Attorney-General for Nova Scotia

Power v. Attorney-General for Nova Scotia

The direction in the will to apply income for the introduction and support of Jesuit Fathers in Halifax was presently impracticable; therefore unapplied income and accumulations from a specified date were to be applied cy-pres to the promotion and support, in Halifax or its vicinity, of charitable institutions and religious orders connected with the Roman Catholic Church in such manner and proportions as the executors, in their discretion and consistent with the will and their powers, should think proper; costs to be paid from the estate.

Citation
(1903) 35 SCR 182
Parties
Appellants/defendants: Executors and trustees under the will of Patrick Power; Respondent/plaintiff: Attorney-General for Nova Scotia (on relation of Roman Catholic Episcopal Corporation of Halifax)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 June 1903
Procedural Posture
Appeal From the Supreme Court of Nova Scotia Concerning a Charitable Trust (cy Pres) / Final Judgment on Appeal; Decree Varied
Outcome
Appeal dismissed in part and decree varied: declaration that the specific direction is presently impracticable and order that unapplied income be applied cy-pres to Roman Catholic charitable institutions in Halifax at executors' discretion; further directions reserved; costs charged to the estate.
Legal Topics
Cy Pres, Charitable Trusts, Construction of Wills, Discretion of Executors, Practicability of Trust Purposes, Accumulation of Income
Source Language
English
Estates Trusts Equity Charity Law Cy Pres Charitable Trusts Construction of Wills Discretion of Executors +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Executors and trustees under the will of Patrick Power

Appellants/defendants

Attorney-General for Nova Scotia (on relation of Roman Catholic Episcopal Corporation of Halifax)

Respondent/plaintiff

Procedural Posture

Appeal From the Supreme Court of Nova Scotia Concerning a Charitable Trust (cy Pres) / Final Judgment on Appeal; Decree Varied

Legal Issues

  1. 1 Whether the direction in the will to apply income for the introduction and support of Jesuit Fathers in Halifax is presently impracticable or inexpedient
  2. 2 Whether unapplied income and accumulations should be applied cy-pres to other charitable purposes consistent with the testator's intent
  3. 3 The scope of executors' discretion to withhold or apply income and to administer charitable trusts

Ratio Decidendi

The direction in the will to apply income for the introduction and support of Jesuit Fathers in Halifax was presently impracticable; therefore unapplied income and accumulations from a specified date were to be applied cy-pres to the promotion and support, in Halifax or its vicinity, of charitable institutions and religious orders connected with the Roman Catholic Church in such manner and proportions as the executors, in their discretion and consistent with the will and their powers, should think proper; costs to be paid from the estate.

Court Disposition

Appeal dismissed in part and decree varied: declaration that the specific direction is presently impracticable and order that unapplied income be applied cy-pres to Roman Catholic charitable institutions in Halifax at executors' discretion; further directions reserved; costs charged to the estate.

Orders

  • Decree varied by striking out the introductory paragraph and declaring the direction in the will at present impracticable
  • Adjudged that unapplied income of the residue, from and after a date named, shall be applied semi-annually by the defendants to the promotion and support in Halifax or its vicinity of such charitable institutions and religious orders in connection with the Roman Catholic Church, in such manner and proportions as the...