What is wrong with building a community hockey rink? It’s JS’ Money now. I give him credit for supporting families in the local community. No matter what he calls the rink.
CANADA Canada - Billionaire Couple Barry & Honey Sherman Murdered at Home, Toronto, 15 Dec 2017 #23
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“Affidavit of Execution” in Ontario
IIUC the fam member's concern about the "Affidavit of Execution" is the timing, essentially saying there may have been legal improprieties because the Aff/Exec was signed AFTER the deaths of BS & HS. And suggesting that to be valid, it must be signed at SAME TIME as the will itself is executed (or at least before the deaths of BS & HS).
Briefly
Per link,* the validity of an Aff/Exec. does not hinge on the time or date it is signed. The link supports stmt by atty Thompson of the Davies law firm that there's no requirement that Aff/Exec be completed at same day as will is executed.
Not briefly
"An affidavit of execution is a document sworn by one of the witnesses to the will or codicil, verifying that he or she and the other witness were present at the time of execution of the document attached as exhibit A to the affidavit of execution (being the will or codicil). While NOT PART OF THE WILL ITSELF, an affidavit of execution is typically required when a probate application is filed in ONTARIO. It can most easily be obtained at the SAME TIME as the execution of the will or codicil (or shortly after), but it can also be sworn MUCH LATER, including AFTER the TESTATOR'S DEATH, if one of the witnesses can be located." (I CAPPED for emphasis)
"The purpose of an affidavit of execution is to provide evidentiary support that a will or codicil was executed in compliance with the requirements under the Succession Law Reform Act, R.S.O. 1990, c. S.26."
But IF
"The affidavit of execution is not obtained until after the testator’s death,... DELAY ensues while the estate trustee and/or estate solicitor take steps to locate one of the witnesses." (Again, my CAPS & sbm)
Welcoming correction or clarification.
_________________________________________
Website of ontariocourtforms.on.ca -
"FORM 74.8. Courts of Justice Act. AFFIDAVIT OF EXECUTION OF WILL OR CODICIL. ONTARIO."
snipped for focus @dotr Thanks for your post w link & quotes.Snippets of lengthy article, rbbm.
Honey Sherman would have controlled the ‘net income’ of husband Barry’s multibillion-dollar fortune had she lived, sources reveal
Barry Sherman’s will decreed that if he died, all “net income” from his multibillion-dollar estate would go to wife Honey for her “comfort and maintenance” and “anything else my wifewww.toronto.com
.... ''A Sherman family member has raised with the Davies law firm a concern over the timing of a legal document related to the 2017 codicil. Sources say the family member was concerned that it was not signed until after Barry and Honey were dead. The document is called an “affidavit of execution” and it is a notarized document used in large estates to provide proof that the witnesses to the will actually did witness it. According to the Sherman family member, this document was not signed by the two witnesses and notarized until after the Shermans were dead.''....
- BY KEVIN DONOVAN TORONTO STAR
- FEB 16, 2021 UPDATED MAR 27, 2023
IIUC the fam member's concern about the "Affidavit of Execution" is the timing, essentially saying there may have been legal improprieties because the Aff/Exec was signed AFTER the deaths of BS & HS. And suggesting that to be valid, it must be signed at SAME TIME as the will itself is executed (or at least before the deaths of BS & HS).
Briefly
Per link,* the validity of an Aff/Exec. does not hinge on the time or date it is signed. The link supports stmt by atty Thompson of the Davies law firm that there's no requirement that Aff/Exec be completed at same day as will is executed.
Not briefly
"An affidavit of execution is a document sworn by one of the witnesses to the will or codicil, verifying that he or she and the other witness were present at the time of execution of the document attached as exhibit A to the affidavit of execution (being the will or codicil). While NOT PART OF THE WILL ITSELF, an affidavit of execution is typically required when a probate application is filed in ONTARIO. It can most easily be obtained at the SAME TIME as the execution of the will or codicil (or shortly after), but it can also be sworn MUCH LATER, including AFTER the TESTATOR'S DEATH, if one of the witnesses can be located." (I CAPPED for emphasis)
"The purpose of an affidavit of execution is to provide evidentiary support that a will or codicil was executed in compliance with the requirements under the Succession Law Reform Act, R.S.O. 1990, c. S.26."
But IF
"The affidavit of execution is not obtained until after the testator’s death,... DELAY ensues while the estate trustee and/or estate solicitor take steps to locate one of the witnesses." (Again, my CAPS & sbm)
Welcoming correction or clarification.
_________________________________________
"FORM 74.8. Courts of Justice Act. AFFIDAVIT OF EXECUTION OF WILL OR CODICIL. ONTARIO."
Lexiintoronto
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I think for some it’s how he first presented the idea for the rink. He wanted it to be a premium rink that would attract off-season NHL hockey players. It didn’t sound inclusive. And he wanted it to be paid for with money from the Sherman charity fund.
He and his wealthy friends play hockey together and are connected to NHL players. It sounded like something more for him than what his parents might support, imo.
But you’re right. It’s great to have another community rink available. It’s tough to get ice time and a facility for games and practices. He’s paying for it, so mazel.
MerlinFalcon
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My feeling is it's self serving for him and his friends who play hockey. If you make a donation to do good, it shouldn't benefit you. What his sister is doing helps people who need it.
I feel both donations are valuable. I guess we will just have to agree to disagree.
Honey & Barry Sherman Legacy Foundation pays tribute to Dr. Paul Farmer with $1-million gift to support the health of women
TORONTO , Jan. 22, 2024 /CNW/ - Partners In Health Canada is thrilled to announce a $1-million gift from The
weeklyvoice.com
“Pregnancy is not a disease, yet women or children are still dying during childbirth. The Honey & Barry Sherman Legacy Foundation is enabling us to make high-quality and safe care available to more mothers and children who would otherwise die of unjust causes. Without this invaluable contribution, this work would be much more difficult to realize.”
Was in Toronto on business yesterday. Took a quick drive on Old Colony Road. Easy access and egress off Bayview Ave. Old Colony is a quiet street, except for home construction and renovations on the street. Large lots and large homes. Old Colony is rather narrow, and dead ends at a Jewish Synagogue/Centre.
50 Old Colony is border up on all sides, and has a realtor sign on it. Not listed on MLS. Houses in area for sale asking in the range of $3.5 to 16.9 Million Canadian.
Understandable how neighbours did not see or hear anything, as most houses are well separated and almost isolated from each other. Not a typical subdivision by any means
Quite a distance to Bannatyne Drive, where some video of Night Walker was taken.
50 Old Colony is border up on all sides, and has a realtor sign on it. Not listed on MLS. Houses in area for sale asking in the range of $3.5 to 16.9 Million Canadian.
Understandable how neighbours did not see or hear anything, as most houses are well separated and almost isolated from each other. Not a typical subdivision by any means
Quite a distance to Bannatyne Drive, where some video of Night Walker was taken.
Video released of suspect with distinctive gait in Barry and Honey Sherman murders
The suspect, with a hitch in their right leg, was seen walking around the couple's home when they were killed, police say
Just a personal aside, but when I was born -long ago- my family lived on Old Colony - my father couldn't afford a nicer home, closer to downtown. It was the outer fringe of TO, with huge lots and small, modest ranchers, no swimming pools, etc.
We had to move away for my father's job, which broke my mother's heart, so altho I don't remember it, I spent my life hearing her lament about having to leave paradise on Old Colony Road.
JMO
Lexiintoronto
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That’s interesting. Did you notice any signs of construction on the property? The street does look narrow on google maps. Any signs regarding no stopping or parking? Especially on the Sherman side?
I know you likely just drove by and may not have noticed those things.
Lexiintoronto
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Thank you for telling us that. It sounds like a sweet neighbourhood. I hope it gets that energy back one day.
That is the synagogue that was very busy on the night of the murders, but police never sought to interview anyone that was there.
I’m impressed with your dedication to this case!!
It’s nearly a 20 minute walk!! And we don’t know how much further the WM is recorded as walking.
View attachment 477318
Video released of suspect with distinctive gait in Barry and Honey Sherman murders
The suspect, with a hitch in their right leg, was seen walking around the couple's home when they were killed, police saynationalpost.com
A lot of walking for a cold December night. It seems clear to me that this person was consciously avoiding having a vehicle sighted anywhere near there.
Lexiintoronto
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Bobbi Pearl
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I am unsure who LE have interviewed, if they did or did not speak to anyone from the synagogue, what time would the services end at a synagogue?
We may also want to keep in mind the bodies were found long after the deaths close to 3 days were already lost to investigate anything.
Is it such a long walk if you cut through at the end of old colony to get to Bannantyne via Swansdown Dr instead of walking only onthe streets? It seems based on the diagram that this would be a much more direct route.
No signs of construction on the Sherman lot. Just a large solid construction fence all around the property, with the realtor's sign on it. I was self-conscious while slowly driving by the property, I did not want to be behaving as a voyeur.
The property next door, I believe 48 Old Colony, was a hive of construction activity. As mentioned there are about three homes under construction or renovation, so there were more than a usual number of cars parked about on the street.
Yes the street is relatively narrow. There were a few signs about parking, but not a lot.
Sitting in my car looking at the solid fence surrounding 50 Old Colony, I could not get a view of the house behind it. Also the lots are quite deep in this community.
I also believe the Police spent a lot of time at the house behind 50 Old Colony because there was some belief a possible assailant went through the back property to get to or from the Sherman home.
Looking at an aerial photo, it shows that the trees have grown, and the house on Forest Heights Blvd, that backs on 50 Old Colony is slightly offset.