What is the effect of the learned Chancellor’s sacking of the Supreme Court of Justice?
Ontario, Canada
The following excerpt is from Thompson v. Smith, 1896 CanLII 30 (ON CA):
I think it is only necessary to refer to the late case of Re Ford, Patten v. Sparks, 72 L.T.N.S. 5, decided in January, 1895, only a month after the learned Chancellor’s decision.
It very fully reviews the law, considering that the decision of the Lords in Bullock v. Downes, 9 H.L.C. 1, in 1860, had fully settled the principle that “my right heirs” must mean the heirs at the time of the testator’s death, unless a contrary view was apparent on the will, and that the fact of a full provision being made in the will for the person answering the description of heir at his death, made no difference.
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