Supreme Court of Canada
Hamm v. Hooper, [1937] S.C.R. 352
Date: 1937-02-23
In Re The Estate of May Hooper, Deceased.
Hamm v. Hooper et al.
1937: February 23.
Present: Duff C.J. and Rinfret, Crocket, Davis and Kerwin JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO
Will—Construction—Person or persons intended to benefit—Extrinsic evidence of testator’s intention.
APPEAL from the judgment of the Court of Appeal for Ontario which reversed the judgment of Rose, C.J.H.C., in proceedings brought by originating notice by the executor of the estate of May Hooper, deceased, for an order declaring what person or persons is or are entitled to share in the residue of said estate under a certain name or names contained in the last paragraph of the will of said deceased.
On the appeal to the Supreme Court of Canada, after hearing the argument of counsel for the appellant, and without calling on counsel for the respondent Hooper (except as to costs), the Court delivered judgment orally, dismissing the appeal; costs of all parties, as between solicitor and client, to come out of the estate.
Appeal dismissed.
A. J. Holmes and A. M. Ferriss for the appellant.
G. Hamilton K.C. for the respondent Hooper.
R. E. Grass K.C. for the respondent Toronto General Trusts Corporation (executor of the estate).
Email this Content