What is the effect of section 27 of the Wills Act, 1837?

Manitoba, Canada


The following excerpt is from Doucette v. Fedoruk Estate, 1992 CanLII 8488 (MB CA):

That passage was quoted with approval in Re Box's Settlement; Box v. Plant, [1945] 1 All E.R. 547, 172 L.T. 312 (Ch. Div.), another case involving s. 27 of the Wills Act, 1837. There Cohen J. adopted, as well, the statement in Jarman on Wills, 7th ed., p. 785 [at p. 549 All E.R.]: "The effect of sect. 27 is to reverse the old rule, and to throw on those who deny that a general devise or bequest executes a general power the burden of proving by what appears on the face of the will the testator's intention that it shall not do so. This intention must, it seems, be clearly expressed." (my emphasis) in determining whether a contrary intention had been expressed.

Other Questions


Does the clerk of the clerk's office fail to provide the deputy returning officer with two copies of section 276 to 287 inclusive (the sections dealing with corrupt practices)? (Manitoba, Canada)
What is the effect of section 28 of the Bankruptcy and Insolvency Code on a bankruptcy proceeding? (Manitoba, Canada)
What is the difference between Section 1324 and section 1325 of the Immigration Code? (Manitoba, Canada)
What is the effect of an arbitration clause in a contract? (Manitoba, Canada)
What is the effect of lay opinion evidence on a summary judgment motion? (Manitoba, Canada)
What is the effect of a nunc pro tunc order not pronounced? (Manitoba, Canada)
What is the effect of having different surnames from the children of the same mother? (Manitoba, Canada)
What is the effect of reading in excerpts of an opposing party’s examination for discovery? (Manitoba, Canada)
How have courts interpreted section 24 (1) and 24 (2) of the Charter regarding the provision of state-funded counsel? (Manitoba, Canada)
Is section 8(1) of the 2019 Decision barred judicial review? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.