In re Hooper / Coles v. Blakely

In re Hooper / Coles v. Blakely

Applying the established rule that where income is given to a life tenant and capital to a named or ascertainable class the capital vests at the testator's death, and finding no clear contrary intention in the will to displace that rule, the class of the son's heirs-at-law is to be ascertained as of the testator's death and the appeal is dismissed.

Citation
[1955] SCR 508
Parties
Appellant/plaintiff: Isabel J. Coles; Respondents/defendants: Sylvia Greenshields Blakely and Robert Greenshields Blakely; Administrator With Will Annexed/administrator: The Royal Trust Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 May 1955
Procedural Posture
Appeal — Will Construction / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada
Outcome
Appeal dismissed
Legal Topics
Vesting, Gift to a Class, Ascertainment of Class, Power of Appointment, Intestacy, Life Estate
Source Language
English
Estates Trusts Succession Wills Vesting Gift to a Class Ascertainment of Class Power of Appointment +2 more

Case Brief

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Parties

Isabel J. Coles

Appellant/plaintiff

Sylvia Greenshields Blakely and Robert Greenshields Blakely

Respondents/defendants

The Royal Trust Company

Administrator With Will Annexed/administrator

Procedural Posture

Appeal — Will Construction / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada

Legal Issues

  1. 1 Whether there was an intestacy as to the residue of the testator's estate
  2. 2 When the class of the son's heirs-at-law is to be ascertained (date of testator's death or date of death of life tenant)
  3. 3 Whether the words conferring a power on the executor affect vesting and ascertainment of the class

Ratio Decidendi

Applying the established rule that where income is given to a life tenant and capital to a named or ascertainable class the capital vests at the testator's death, and finding no clear contrary intention in the will to displace that rule, the class of the son's heirs-at-law is to be ascertained as of the testator's death and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Costs to be paid out of the estate