US White Supremacy Group Forfeits Bequest in Canadian Will: Racism Trumps Testamentary Freedom

In an intriguing case from New Brunswick the Court held that a bequest in Robert McCorkill’s will to an American Neo-Nazi group would be declared void as against public policy because of the racist views of the organization, a decision endorsed by the Supreme Court of Canada, as evidenced by their refusal to grant leave to appeal. (Canadian Association for Free Expression v. Fred Gene Streed, Executor of the Estate of Harry Robert McCorkill (a.k.a. McCorkell), deceased, et al., 2016 CanLII 34017 SCC) National Alliance, a white supremacy group in West Virginia, was gifted a collection of valuable coins from ancient Rome and Greece, an antique Iranian sword, and other artifacts and investments said to be worth a minimum of $250,000 and as much as $1 million dollars. Robert McCorkill, who died in 2004 in New Brunswick, lived primarily in Saskatchewan and Ontario during his lifetime. He was a geologist and a professor at Carleton University in Ottawa, who had spent time at…

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