Are there any cases where a party who entered into a will with full knowledge of the contents of the will of his father’s will, or are they affected with notice of the existence of the deed or instrument relating to the land?
Ontario, Canada
The following excerpt is from Wright v. Bell, 1890 CanLII 19 (ON CA):
I think too the authorities are clear that apart from the registry laws, persons dealing with lands who have notice of the existence of a deed or instrument relating to the land, are affected with notice of the contents of the deed or instrument: Hall v. Smith, 14 Ves. 426, 434; Neesom v. Clarkson, 2 Ha. 163. Here the defendant admits that he knew of his father’s will, and even asserts that it was under the will he took possession, believing, as he says, that the land was devised to him. It follows from the authorities that he must be regarded as having entered with full knowledge of the contents of the will, and that he is estopped from contending the contrary.
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