In Re Estate of Charles Millar, Deceased

In Re Estate of Charles Millar, Deceased

The Supreme Court affirmed that 'children' in the will excludes illegitimate children and that the testamentary clause rewarding the mother with the most registered births in Toronto is not void as against public policy because the conditions for applying public policy (state‑level interest and substantially incontestable public harm) were not met; appeal dismissed.

Citation
[1938] SCR 1
Parties
Deceased/testator: Estate of Charles Millar, Deceased; Appellants/next of Kin: Appellants (next of kin and those claiming under them); Respondents/executors and Trustees: Executors and Trustees under the will of deceased; Intervenors/mothers of Legitimate Children: Mothers of legitimate children; Intervenors/mothers of Children Who May or May Not Be Legitimate: Mothers of children who may or may not be legitimate
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1937
Procedural Posture
Estate/will Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed.
Legal Topics
Will Construction, Validity of Testamentary Disposition, Public Policy Limitation, Legitimacy of Children, Jurisdiction to Develop Public Policy
Source Language
English
Estates Wills Trusts Public Policy Will Construction Validity of Testamentary Disposition Public Policy Limitation Legitimacy of Children +1 more

Case Brief

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Parties

Estate of Charles Millar, Deceased

Deceased/testator

Appellants (next of kin and those claiming under them)

Appellants/next of Kin

Executors and Trustees under the will of deceased

Respondents/executors and Trustees

Mothers of legitimate children

Intervenors/mothers of Legitimate Children

Mothers of children who may or may not be legitimate

Intervenors/mothers of Children Who May or May Not Be Legitimate

Procedural Posture

Estate/will Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the term "children" in the will includes illegitimate children
  2. 2 Whether the ten‑year legacy clause is void as against public policy
  3. 3 What limits, if any, exist on courts inventing new heads of public policy

Ratio Decidendi

The Supreme Court affirmed that 'children' in the will excludes illegitimate children and that the testamentary clause rewarding the mother with the most registered births in Toronto is not void as against public policy because the conditions for applying public policy (state‑level interest and substantially incontestable public harm) were not met; appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed.

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal for Ontario affirmed