Korol v. Sitybell et al., (1980) 4 Man.R.(2d) 159 (CA)

• Judge: Monnin, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 19, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 4 Man.R.(2d) 159 (CA)

Korol v. Sitybell (1980), 4 Man.R.(2d) 159 (CA)

MLB headnote and full text

Korol v. Sitybell et al.

Indexed As: Korol v. Sitybell et al.

Manitoba Court of Appeal

Monnin, Matas and O'Sullivan, JJ.A.

February 19, 1980.

Summary:

This headnote contains no summary.

Executors and Administrators - Topic 1027

Grant of probate - Application for grant - Notice of application to persons entitled - An executor applied to the Manitoba Surrogate Court for proof of a will in solemn form and a revocation of a grant of probate respecting an earlier will - The Manitoba Court of Appeal set aside the proceedings in the Surrogate Court and ordered a new trial because a beneficiary under the earlier will did not receive notice of the proceedings - See paragraph 13.

Counsel:

P.M. Moss, for the respondent/appellants;

D. Ward, for the applicant/respondent.

This appeal was heard by MONNIN, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal on December 11, 1979.

The judgment of the Court of Appeal was delivered by MATAS, J.A., on February 19, 1980.