Is there any evidence that the estate has no assets to which resort can be made for redemption purposes?
Saskatchewan, Canada
The following excerpt is from Proposed Action Between Hudson's Bay Company (Re), 1940 CanLII 144 (SK QB):
I don’t think the deposition is sufficiently positive to make a finding that the estate has no assets to which resort can be made for redemption purposes. Even if it were it has to be borne in mind that in Aylward v. Lewis, supra, the deceased died insolvent and an appointment under the English Rule was refused although the decisions of Peat v. Gott and Neal v. Barrett, supra, had been belivered a few years prior.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the purpose and use of evidence of a first complaint? (Saskatchewan, Canada)
Can a legatee or personal representative of a deceased's estate collect the balance of his distributive share of the deceased’s estate? (Saskatchewan, Canada)
Can evidence of a chemical analysis of a sample taken after the 2-hour period be used in evidence? (Saskatchewan, Canada)
Can a police officer obtain a blood sample from a patient in hospital for evidence purposes? (Saskatchewan, Canada)
Can intentionality or mismanagement be found to be a factor in the purposeful dissipation of farm assets? (Saskatchewan, Canada)
What is the test for a purchaser to buy a real estate agent's real estate? (Saskatchewan, Canada)
Does a clause in a will which states that the real estate and personal estates of the deceased bequeathed to the executors of his will constitute a general fund for his funeral and testamentary expenses and debts? (Saskatchewan, Canada)
What is the difference between a testator's directions for conversion of real estate and personal estates? (Saskatchewan, Canada)
Is there a conversion in the terms of the will of a testator to a personal estate where the proceeds of the real estate are transferred to the residuary legatees? (Saskatchewan, Canada)
Is estate duty charged on real estate not a "testamentary expense" for the executors? (Saskatchewan, Canada)
