J. Lewis & Sons Ltd. v. Dawson

J. Lewis & Sons Ltd. v. Dawson

The phrase "all my real estate" in clause 2 was construed to include the wood lot; the appended words "consisting of the farm on which I now reside, situated at Cape John" were a falsa demonstratio and rejected in light of the will's context and the testator's evident intention to dispose of his entire real and personal estate; appeal dismissed.

Citation
[1934] SCR 676
Parties
Plaintiff/appellant: J. Lewis & Sons, Limited; Defendant/respondent: Stanley E. Dawson; Defendant/respondent: Fred W. Dawson; Defendant/respondent: Edwin A. Rice
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 June 1934
Procedural Posture
Civil Appeal (will Construction/estate) / Final Judgment on Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia en banc affirmed.
Legal Topics
Will Construction, Falsa Demonstratio, Intestacy, Devise, Gift Over, Testamentary Interpretation
Source Language
English
Estates Property Wills Succession Will Construction Falsa Demonstratio Intestacy Devise +2 more

Case Brief

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Parties

J. Lewis & Sons, Limited

Plaintiff/appellant

Stanley E. Dawson

Defendant/respondent

Fred W. Dawson

Defendant/respondent

Edwin A. Rice

Defendant/respondent

Procedural Posture

Civil Appeal (will Construction/estate) / Final Judgment on Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether the devise "all my real estate consisting of the farm on which I now reside, situated at Cape John" included a remote wood lot or was limited to the farm
  2. 2 Whether the qualifying phrase constituted a falsa demonstratio to be rejected
  3. 3 Whether the will showed an intent to dispose of the testator's entire real and personal estate

Ratio Decidendi

The phrase "all my real estate" in clause 2 was construed to include the wood lot; the appended words "consisting of the farm on which I now reside, situated at Cape John" were a falsa demonstratio and rejected in light of the will's context and the testator's evident intention to dispose of his entire real and personal estate; appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia en banc affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of Nova Scotia en banc affirmed.