Purpur Estate, Re, (1984) 30 Man.R.(2d) 241 (CA)

• Judge: Matas, Huband and Philp, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 19, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 30 Man.R.(2d) 241 (CA)

Purpur Estate, Re (1984), 30 Man.R.(2d) 241 (CA)

MLB headnote and full text

Re Purpur Estate; Purpur Estate v. Ash, Webster, Haberstock and an Unknown Infant

(Suit No. 227/84)

Indexed As: Purpur Estate, Re

Manitoba Court of Appeal

Matas, Huband and Philp, JJ.A.

November 27, 1984.

Summary:

The administratrix of an estate applied for a determination of whether an illegitimate grandchild of the deceased, which grandchild had been placed for adoption years before, was entitled to share in the deceased's estate.

The Manitoba Court of Queen's Bench, in a decision reported in 28 Man.R.(2d) 288, held that the grandchild was not entitled to share in the estate. The Public Trustee, as next friend of the child, appealed.

The Manitoba Court of Appeal dismissed the appeal.

Devolution of Estates - Topic 446

Devolution - Children - Effect of adoption - The Manitoba Court of Appeal affirmed that a child, adopted by third parties, cannot now share in the estate of a deceased natural grandparent on an intestacy, regardless that the child by law could have inherited at the time of adoption - The Court of Appeal held that the relevant law was the succession law at the date of death of the deceased.

Cases Noticed:

Re Podolsky's Estate; Podolsky v. Podolsky's Estate, Hrynkiw and Bernardin (1980), 3 Man.R.(2d) 251, consd. [para. 1].

Phillips v. Eyre (1870), L.R. 6 Q.B. 1, refd to. [para. 18].

Bosnic v. Bosnic Estate (1984), 28 Man.R.(2d) 48, refd to. [para. 19].

Statutes Noticed:

Child Welfare Act, S.M. 1974, c. 30; C.C.S.M., c. C-80, sect. 96(1), sect. 96(2) [paras. 6, 11-13, 18].

Child Welfare Act, R.S.M. 1970, c. C-80; C.C.S.M., c. C-80, sect. 96 [paras. 5, 10].

Child Welfare Act, an Act to Amend the, S.M. 1979, c. 22, sect. 96(1) [para. 8].

Child Welfare Act, an Act to Amend the, S.M. 1980-81, c. 23, sect. 96(1) [paras. 9-12, 16, 18].

Interpretation Act, R.S.M. 1970, c. I-80; C.C.S.M., c. I-80, sect. 25(1)(c) [para. 17].

Authors and Works Noticed:

Harvey, Cameron, Intestate Succession Rights of Adopted Children in Manitoba: The Podolsky case, 11 Man. L.J. 201 [para. 14].

Black's Law Dictionary (5th Ed.) [para. 17].

Counsel:

P.O. Jachetta, for the appellant;

D.M. Little and J.P. Janzen, for the respondents.

This appeal was heard before Matas, Huband and Philp, JJ.A., of the Manitoba Court of Appeal on November 19, 1984, whose decision was delivered by Philp, J.A., on November 27, 1984.