Mazur and Boreski v. Mazur Estate, (1980) 3 Man.R.(2d) 67 (CA)

• Judge: Freedman, C.J.M., Monnin and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 04, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 67 (CA)

Mazur v. Mazur Estate (1980), 3 Man.R.(2d) 67 (CA)

MLB headnote and full text

Mazur and Boreski v. Mazur Estate

Indexed As: Mazur and Boreski v. Mazur Estate

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Matas, JJ.A.

January 4, 1980.

Summary:

This case arose out of an application under the Testator's Family Maintenance Act. The trial judge dismissed the application because the applicants were illegitimate children of the deceased and were not children for purposes of the statute. On March 1, 1979, counsel for the applicants wrote to counsel for the estate stating that an appeal would be filed. On May 11, 1979, the Testator's Family Maintenance Act was amended to provide that "child" includes an illegitimate child. Subsequent to May 11, 1979, but before the appeal was heard, the executors distributed the estate.

The Manitoba Court of Appeal held that the executors improperly distributed the estate and ordered that the illegitimate children share equally in the estate with two other children.

Executors and Administrators - Topic 3779

Duties - Time for distribution of estate - Where potential claims are outstanding, dependents' relief legislation - The Manitoba Court of Appeal held that the executors of an estate erred in distributing the estate where they had notice of an appeal from a judgment dismissing an application under the Testator's Family Maintenance Act and where a statutory amendment had been passed which favourably affected the claim under the Testator's Family Maintenance Act - See paragraph 12.

Cases Noticed:

Re Brown Estate (1953), 61 M.R. 154, refd to. [para. 2].

Gilles v. Althouse and Martin, 4 N.R. 36; [1975] 5 W.W.R. 547, refd to. [para. 10].

Statutes Noticed:

Testator's Family Maintenance Act, R.S.M. 1970, c. T-50, sect. 2 [paras. 3, 4].

Counsel:

G.J. Orle, for the applicants/appellants Mazur and Boreski;

A. Dobrowolski, for the respondents/respondents.

This appeal was heard by FREEDMAN, C.J.M., MONNIN and MATAS, JJ.A., of the Manitoba Court of Appeal on November 19, 1979.

The judgment of the Manitoba Court of Appeal was delivered by MONNIN, J.A., on January 4, 1980: