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.

Other Questions


Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father? (Ontario, Canada)
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
Is there any case law where a party who induces signature to a document by saying something inconsistent with its contents has a reasonable expectation of the other party's assent? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the relevant case law for giving evidence from a third party witness in a personal injury case? (Ontario, Canada)
Is there any case law or case law relating to the municipality's conduct on title issues? (Ontario, Canada)
Does a resulting trust exist when a party makes a financial contribution to the initial purchase of a property but then gratuitously transfers their title to the other party? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Is there any case law or case law relating to scheduling of winter road patrols after March 31? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.