Edwards v. Bradley

Edwards v. Bradley

Because all funds were the mother's sole property and the daughter lived apart, no presumption of advancement arose and the evidence did not show an intention to gift; therefore the legal title held by the daughter on the mother's death resulted back to the mother's estate and the trial judge's decision that the funds belonged to the estate was restored.

Citation
[1957] SCR 599
Parties
Plaintiff/appellant: Anthony Clifford Edwards, Executor of the Estate of Alice Maud Mary Edwards, Deceased; Defendant/respondent: Edna Pearl Bradley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1957
Procedural Posture
Civil Appeal (trusts) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; judgment of the trial judge restored.
Legal Topics
Resulting Trust, Presumption of Advancement, Joint Bank Account, Testamentary Disposition, Costs Allocation
Source Language
English
Trusts Property Law Estate Law Resulting Trust Presumption of Advancement Joint Bank Account Testamentary Disposition Costs Allocation

Case Brief

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Parties

Anthony Clifford Edwards, Executor of the Estate of Alice Maud Mary Edwards, Deceased

Plaintiff/appellant

Edna Pearl Bradley

Defendant/respondent

Procedural Posture

Civil Appeal (trusts) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether funds in a joint bank account opened in the joint names of a mother and daughter, when all funds were the mother's, vested beneficially in the daughter on the mother's death or resulted back to the mother's estate
  2. 2 Whether a presumption of advancement arises when a mother places her funds in a joint account with her child
  3. 3 Whether evidence in the case rebutted the presumption of resulting trust

Ratio Decidendi

Because all funds were the mother's sole property and the daughter lived apart, no presumption of advancement arose and the evidence did not show an intention to gift; therefore the legal title held by the daughter on the mother's death resulted back to the mother's estate and the trial judge's decision that the funds belonged to the estate was restored.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; judgment of the trial judge restored.

Orders

  • Appeal allowed and Court of Appeal judgment set aside
  • Judgment of the trial judge restored