Pearson v. Pearson Estate, (1980) 3 Man.R.(2d) 404 (CA)

• Judge: Monnin, Hall and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 29, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 3 Man.R.(2d) 404 (CA)

Pearson v. Pearson Estate (1980), 3 Man.R.(2d) 404 (CA)

MLB headnote and full text

Pearson v. Pearson's Estate

Indexed As: Pearson v. Pearson Estate

Manitoba Court of Appeal

Monnin, Hall and Huband, JJ.A.

May 29, 1980.

Summary:

This headnote contains no summary.

Releases - Topic 4124

Operation - Interests released - Wife's claim against husband's estate - Effect of - A wife left her husband in 1962 to live with another man - In 1977 her husband wanted to sell the family farm, but could not get his wife's consent - Finally, in 1978 in return for $10,000.00 to the wife and $3,000.00 to each of their three children, the wife released her dower and released her husband's estate from any claim in equity or under any statute, including the Devolution of Estates Act, Wills Act, Testator's Family Maintenance Act and Dower Act - The husband died a few months later leaving a will, which he had made in 1947, leaving everything to his wife - One of the children brought an action against the husband's estate claiming one third of the estate and that the wife was not entitled to receive any benefits under the will - The Manitoba Court of Queen's Bench allowed the action - The Manitoba Court of Appeal, Monnin, J.A., dissenting, allowed the appeal and held that the wife was entitled to receive her husband's estate - The Court of Appeal distinguished between the wife's status as a recipient of rights under the will and a claimant, which she was not.

Cases Noticed:

In re Griffin (1940), 59 N.Z.L.R. 174, appld. [para. 13].

Counsel:

I.L. Berman, for the defendant/appellant;

H.N. Carroll, Q.C., for the plaintiff/respondent.

This case was heard on April 30, 1980, at Winnipeg, Manitoba, before MONNIN, HALL and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On May 29, 1980, the judgment of the Court of Appeal was delivered and the following opinions were filed:

HALL, J.A. - see paragraphs 1 to 9;

HUBAND, J.A. - see paragraphs 10 to 14;

MONNIN, J.A., dissenting - see paragraphs 15 to 20.