Supreme Court

Decision Information

Decision Content

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

 

 

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