Grant v. Fuller

Grant v. Fuller

Because the will expressly gave Emma a life estate and the gift to her children was contingent on her death, the rule in Wild's Case did not apply; under the Wills Act the contingent remainder to the children vested as a fee simple on the death of the life tenant; therefore the devise created a life estate in Emma with the fee passing to her children at her death.

Citation
(1902) 33 SCR 34
Parties
Appellant (defendant): Charles C. Grant; Respondent (plaintiff): W.S. Fuller
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 December 1902
Procedural Posture
Civil Appeal (estate/partition) / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Devise for Life, Remainders, Estate Tail, Construction of Wills, Rule in Wild's Case, Interpretation of Wills Act
Source Language
English
Estates Wills Property Law Devise for Life Remainders Estate Tail Construction of Wills Rule in Wild's Case +1 more

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Parties

Charles C. Grant

Appellant (defendant)

W.S. Fuller

Respondent (plaintiff)

Procedural Posture

Civil Appeal (estate/partition) / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether devise to daughter for life and thereafter to her children created an estate tail or a life estate with remainder in fee
  2. 2 Whether the word 'children' in the devise operated as a word of limitation (i.e. 'issue'/'heirs of the body')
  3. 3 Whether the rule in Wild's Case applies where the gift to children is contingent upon death of life tenant

Ratio Decidendi

Because the will expressly gave Emma a life estate and the gift to her children was contingent on her death, the rule in Wild's Case did not apply; under the Wills Act the contingent remainder to the children vested as a fee simple on the death of the life tenant; therefore the devise created a life estate in Emma with the fee passing to her children at her death.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for Ontario and trial judge affirmed (life estate to Emma Dunham; fee simple to her children on her death); right of partition for plaintiff affirmed.