Gee Estate, Re, (1988) 52 Man.R.(2d) 157 (QB)

• Judge: Scollin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 12, 1988
• Jurisdiction: Manitoba
• Citations: (1988), 52 Man.R.(2d) 157 (QB)

Gee Estate, Re (1988), 52 Man.R.(2d) 157 (QB)

MLB headnote and full text

In The Matter Of: The Last Will and Testament of Arthur Kitchener Gee, late of the City of Winnipeg, in the Province of Manitoba, deceased: Margaret Wright Gee and Andrew Lorne Campbell (applicants) v. Nancy Elizabeth Danwick, Susan Margaret Nutter and Tamara Margaret Anne Taylor (respondents)

(Suit No. 87-01-22207)

Indexed As: Gee Estate, Re

Manitoba Court of Queen's Bench

Winnipeg Centre

Scollin, J.

January 12, 1988.

Summary:

The executor of a testator's estate applied for a determination of whether the testator's granddaughter, who had been adopted into another family, was entitled to take under his will.

The Manitoba Court of Queen's Bench held that the granddaughter was not excluded from taking under her grandfather's will.

Family Law - Topic 1674

Adoption - Effect of - On inheritance rights - The father and mother of a child were divorced - The mother remarried and she and her new husband adopted the child - The child's paternal grandfather left a will benefitting issue of his deceased children - The grandfather and the child's natural father died, leaving her as her grandfather's only grandchild - The Manitoba Court of Queen's Bench held that s. 61 of the Child and Family Services Act on the effect of adoption did not exclude the child from taking under her grandfather's will.

Wills - Topic 5015

Construction - General - Legislation - Construction of, not to thwart intention of testator - The Manitoba Court of Queen's Bench applied the rule that legislation (e.g. adoption legislation) should not be construed to thwart the intention of a testator in the absence of express language - See paragraphs 5 to 7.

Cases Noticed:

Re Gage, Ketterer v. Griffith et al. (1962), 31 D.L.R.(2d) 662, appld. [para. 5].

Re Podolsky's Estate (1980), 3 Man.R.(2d) 251, consd. [para. 8].

Statutes Noticed:

Child and Family Services Act, C.C.S.M., c. C-80, sect. 61 [para. 4].

Counsel:

S.F. Vincent, for the applicants;

W.S. Gange, for Danwick and Nutter;

J.M. Scurfield, for Tamara Taylor.

This case was heard at Winnipeg, Manitoba, before Scollin, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on January 12, 1988: