January (10.0 MB) - Senior Connector

January 2007 Senior Connector www.seniorconnector.com Page 13Legal Ease - Words of confusionby Blair NixonThere are some words that, when used in aegal document, seem only to cause unceraintyand provoke litigation. Typically, thiss because these words are capable of morehan one meaning.Perhaps there is no better example of thishan the word “issue” when used in a will.enerally, issue is construed to be all linaldescendants of whatever degree. Howver,issue may also be interpreted in a moreestricted sense, to refer only to children. Itll depends upon the context in which theword is used in a will.A useful illustration of the difficultieshe word can cause when used in a will ishe May 2001 Supreme Court of Britisholumbia decision of Justice Edwards in thestate of Florence Edith Acreman.The late Mrs. Acreman died when shewas 82. In her will, she made a bequest toer sister, Gladys, or if Gladys was not thenlive, “then equally among her then survivingssue.” Gladys predeceased Mrs. Acreman.The Court was then asked as to whateaning should be attributed to the wordissue” in the clause, which would govern theistribution of some $54,000.Submitted by Kathy ArchibaldIt’s a party. On Dec. 23 at2 p.m., Parkside Estate willhold a wine and cheese partyfor the residents, their families,the staff and volunteers.Joan Adderson will entertainwith Christmas carolsfor a sing-a-long and BobIf the word was interpreted accordingto its usual meaning, the $54,000 wouldbe divided amongst all of Gladys’ children,grandchildren and one great-grandchild,being 28 beneficiaries in total.On the other hand, if the word was construedaccording to its secondary, morerestricted meaning, this bequest would bedivided only amongst the four children ofGladys that survived her.After carefully reviewing the will, theCourt concluded the word “issue” was to begiven its usual, wider meaning.One important reason for making thisdetermination was that in other sections ofthe will, the word children was specificallyreferred to giving rise to the inference thatissue and children were not intended to beused interchangeably in the will.As such, at the end of the day, all of the28 lineal descendants of Gladys received anequal share in the bequest.Of course, the Court proceeding andresulting extra legal costs could simply havebeen avoided by using some clear word orterm other than “issue.”You can reach the lawyers at Nixon & Companyin Kamloops at 372-3233.Parkside Estate newsDeCamillis will play sometangos on the accordion.To prepare for Christmas,the “Kids who Care”came to Parkside to workwith the residents makingpopcorn garlands, paperchains and lanterns for thetree.Christmas triviaNativity scene – St. Francis of Assisi is responsible forpopularizing the nativity scene, but it most probably existedearlier.In 1223 or 1224, St. Francis wanted to add hope andjoy of God’s love to his message by constructing a lifesizemanger scene with live animals, with the gospel sungaround the scene. It proved very popular, and remains apopular Christmas tradition today.We all had hot chocolateand cookies.The Sorrento ScottishDancers entertained us onSaturday, Dec. 16.These children’s performancesare always popularwith our residents at Parkside.Savona and Area Seniors news(also known as Savona OAPO Br.#129)The Savona Seniors OAPO regular meetingwas held Dec. 12 following a deliciouspotluck supper with a good turnout of 32members.On Dec. 16 we had our Christmas dinnerand dance, and everyone enjoyed afine meal catered by Phil Galigan andColleen Lang.Santa arrived after supper and a giftexchange was held. This was followed bydancing to the old time music of Bob,Sandy, Gary and Bob a good time wasenjoyed by all.The annual general meeting and potluckwill be held on Tuesday, Jan.9, withthe dinner at 6 p.m. and meeting at 7 p.m.All members please attend and vote as itis also the election of new officers for 2007.For information on our organizationand memberships, call Jennifer Coburn at373-0081.Seasonal Decorating Solved! Gift Giving Solved!Nancy and her professional design staff will help youmake your home warm and festive with freshflowers, wreaths, and centerpieces. They canalso wire flowers anywhere in the world.249 Seymour St.Order online: www.kamloopsflorists.comPhone: 828-6211 Toll Free: 1-800-663-9825Order early to ensure your home is filled with greenery and flowers this holiday season“TRADITIONAL VALUES IN THEGLOBAL COMMUNITY”Taking action to solve your problems will ease a lot ofanxiety and strain. We’d like to help you by providingexperienced, trustworthy advice about your situation.Blair Nixon,MeghanNeathway,HardeepChahal.• Free Initial Consultation• Home & Hospital Visits• Evening & WeekendAppointmentsRead our monthly “Legal Ease” column in the Senior Connector.*Denotes Law CorporationNixon & Company*LAWYERS• Personal Injury & ICBC• Claims• Real Estate & Mortgages• Wills & Estates& Estate Litigation• Corporate Law• Civil LitigationCall Now for a Complimentary ConsultationNo Recovery • No Fee for Personal Injury ClaimsKamloops Office372-32331-877-372-3233460 Victoria StreetKamloops, BC V2C 2A7www.nixonlawyers.comMerritt Office378-4966#102-2840 Voght StreetMerritt, BCnix04_dec