IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Hood Estate v. Young, 2008 NSSC 146
Date: 20080523
Docket: SN 249572
Registry: Sydney
Between:
Margaret Hood, Executrix of the Estate
of Robert Wilson Hood, Deceased
Plaintiff
v.
Melvin Young
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: February 13, May 1 and 2, 2008, in Sydney, Nova Scotia
Subject: Joint cheqing account; Presumption of resulting trust; undue influence.
Summary: The widow challenged the alleged gift of the proceeds of a cheqing account by her late husband to his biological son. She asserted that there was no gift and, alternatively, if there was, that the son had exerted undue influence.
Issues: 1) Whether the son had rebutted the presumption of a resulting trust.
2) Whether the plaintiff had triggered a presumption of undue influence.
Result: 1) The son rebutted the presumption of a resulting trust. The testator had given the son the money to prevent it from benefiting the wife’s family by her first marriage.
2) The plaintiff failed to trigger a presumption of undue influence. Even if she had succeeded, there was ample evidence presented by the son to rebut any such presumption.
Cases Noted: Niles v. Lake (1947), 2 D.L.R. 248; and
Harold Edward O'Legg and Lillian Melina Nicholson, (2002) 208 N.S.R. (2d) 142
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.