Does section 16 of the Adoption Act, 1958 say "unless the contrary intention" must be shown on the face of the instrument?
Manitoba, Canada
The following excerpt is from Doucette v. Fedoruk Estate, 1992 CanLII 8488 (MB CA):
In Re Jones's Will Trusts; Jones v. Hawtin Squire, [1965] 1 Ch. 1124, Buckley J. noted that s. 16 of the Adoption Act, 1958, "does not say in terms that the contrary intention must appear on the face of the instrument", but concluded (at p. 1131) : ... in the absence of any such qualification, I think that the words "unless the contrary [intention] appears," means unless the contrary appears from any surrounding circumstances which carry conviction to the mind of the court. (My emphasis.)
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