TREASURER OF ONTARIO Vs. FRANCES EUGENIA BLONDE

JUDGEMENT

(1.) These appeals from the Court of Appeal for Ontario relate to the question of the situs to be attributed to registered shares in companies for the purposes of the Succession Duty Acts of Ontario. They may be conveniently dealt with together.

(2.) In Blond's case the testator A. T. Montreuil at the date of his death on 2-10-1936, was the registered owner of certain fully paid shares in the capital stock of Briggs Manufacturing Co., and Pfeiffer Brewing Company. Each of these companies was incorporated under the law of the State of Michigan, U. S. A., and had its head office in Detroit. Each company had duly appointed transfer agents in Michigan and New York and all the shares of each company could be transferred at either place on production of the relative share certificate. No other transfer office was maintained by either company.

(3.) At the date of his death, the testator was domiciled and resident in Ontario and the share certificates were in his possession in Ontario. None of them had been endorsed in blank or otherwise. Probate of the testator's will was on 29-10-1936, granted to his executors in Ontario.