Cruise Estate, Re, (1984) 27 Man.R.(2d) 293 (SurCt)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 23, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 27 Man.R.(2d) 293 (SurCt)

Cruise Estate, Re (1984), 27 Man.R.(2d) 293 (SurCt)

MLB headnote and full text

Re Cruise Estate: Arndt and Fairgrieve v. Murfin

Indexed As: Cruise Estate, Re

Manitoba Surrogate Court

Western Judicial District

L. Ferg, S.C.J.

March 23, 1984.

Summary:

A woman challenged her father's will on the ground that he lacked testamentary capacity when the will was executed.

The Manitoba Surrogate Court dismissed the woman's claim.

Wills - Topic 303

Testamentary capacity - General principles - Tests for determining capacity - The Manitoba Surrogate Court referred to a test to determine whether a testator had the requisite testamentary capacity to make a will in a case where a man's will was challenged by his daughter on the ground that he lacked testamentary capacity - See paragraphs 19, 20.

Cases Noticed:

Banks v. Goodfellow (1870), 5 Q.B. 549, refd to. [para. 19].

Badenach v. Inglis (1913), 29 O.L.R. 165; 14 D.L.R. 109, refd to. [para. 19].

O'Neil v. Royal Trust Co., [1946] S.C.R. 622, refd to. [para. 20].

Counsel:

A.A. Hirschfield, Q.C., for Arndt and Fairgrieve (executors);

J. Thornborough and J. Janzen, for Murfin.

This case was heard before L. Ferg, S.C.J., of the Manitoba Surrogate Court, who delivered the following judgment on March 23, 1984: