The appellant was the residuary legatee of her late husband's estate.
The Ministère du Revenu assessed her for investment income generated by the estate's assets during its first fiscal year, arguing the income was 'payable' to her under the Taxation Act.
The Supreme Court of Canada held that under the Civil Code of Lower Canada, the testamentary executor's seizin prevails over the legatee's seizin during the administration of the estate.
Consequently, the appellant was not entitled to demand payment of the income until the administration was complete, meaning the income was not payable to her and not taxable in her hands for that year.
