Seerey v. Seerey Estate, (1979) 20 A.R. 442 (QB)

• Judge: Waite, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 04, 1979
• Citations: (1979), 20 A.R. 442 (QB)

Seerey v. Seerey Estate (1979), 20 A.R. 442 (QB)

MLB headnote and full text

Seerey v. Seerey Estate

(Q.B. 3697)

Indexed As: Seerey v. Seerey Estate

Alberta Court of Queen's Bench

Judicial District of Peace River

Waite, J.

September 4, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 6705

Dependents' relief legislation - Awards, lump sum to widow - A man died and was survived by his wife and six adult children - The man's estate was valued at $250,000.00 and his will left $44,289.00 to the widow and the balance to the six children - The Alberta Court of Queen's Bench held that the widow was a dependent entitled to relief under the Family Relief Act and ordered that $100,000.00 rather than $44,289.00 be paid out of the estate to the widow.

Cases Noticed:

Re Lawther Estate, [1947] 1 W.W.R. 557, refd to. [para. 15].

Re Gray Estate, [1950] 2 W.W.R. 854, refd to. [para. 15].

Re Willan Estate (1951), 4 W.W.R.(N.S.) 114, refd to. [para. 15].

Nickle v. Jones, [1974] 3 W.W.R. 385, refd to. [para. 15].

Statutes Noticed:

Family Relief Act, R.S.A. 1970, c. 134, sect. 4.

Counsel:

D.C. Norheim, for the applicant;

D.W. Freeland, for the Estate.

This case was heard by WAITE, J., of the Alberta Court of Queen's Bench. The judgment of WAITE, J., was delivered at Calgary, Alberta, on September 4, 1979.