Can a person who is a beneficiary of a will who is not a testator be heard to allege that he has no title or any greater title than that of the testator?

Ontario, Canada


The following excerpt is from Wright v. Bell, 1890 CanLII 19 (ON CA):

Board v. Board, L.R. 9 Q.B. 48, is authority, if any authority be wanted for so plain a proposition, that a person coming in and taking a benefit under a will can not be heard to allege that the testator had no title, or that he had any greater title than that given to him by the will, or that he is in a position adverse to those who take under the same will.

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