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CASE                                                 VOL.

 

 

IN THE COURT OF PROBATE

 

 

IN THE ESTATE OF JAMES WILMER DAVISON, deceased

                                                                                   

JUSTICE  SUZANNE HOOD                 HALIFAX, NS                              Probate No. 10720

 

 

                                                         LIBRARY HEADING

 

[Cite as: Davison Estate (Re), 2002 NSSC 253]

 

 

HEARD:               In Truro, Nova Scotia on October 10, 2002

 

DECISION:         October 10, 2002 (Orally)  WRITTEN RELEASE: November 21, 2002

 

SUBJECT:           Probate; determination of ownership of and disposition of real property

 

SUMMARY:        Adminstratrix de bonis non is daughter of deceased who died in 1987.  She is his sole surviving heir.  His second wife continued to reside on deceased’s lands until her death in 1995 or 1996.  She died intestate and no claim against her husband’s estate was ever filed.

 

Stepson of deceased continues to reside on the lands.  Both he and his mother kept income from sale of blueberry crop and wood from woodlot after death of deceased.

 

ISSUE:                  Can the lands be transferred to the surviving heir?

 

RESULT:             Under the circumstances, appropriate for sole surviving heir to have lands transferred to her to constitute her inheritance, on conditions with respect to payment of estate expenses.

 

 

 

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