Comeau v. Tourigny

Comeau v. Tourigny

The phrase 'tous les biens qu’il possèdera alors' refers to the husband's property (his succession) at his death, not to the entirety of community property; the clause purporting to donate that succession to children of a prior marriage is a prohibited donation mortis causa and is null, but that nullity does not invalidate the rest of the marriage contract (the universal community remains effective); however the accessory obligation imposed on the children to pay the widow $2,000 is tied to the illegal donation and is therefore also null.

Citation
[1937] SCR 283
Parties
Appellants (defendants): Armand Comeau and Another; Respondent (plaintiff): Dame Alphonsine Tourigny
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 April 1937
Procedural Posture
Appeal to Supreme Court of Canada; Family/matrimonial Property Dispute / On Appeal From Court of King’s Bench, Province of Quebec; Judgment Delivered
Outcome
Appeal dismissed; judgment of Superior Court and Court of King’s Bench affirmed.
Legal Topics
Marriage Contract, Universal Community, Donation Mortis Causa, Nullity of Clause, Contract Interpretation, Partition of Community
Source Language
English
Family Law Property Law Succession Law Contract Law Marriage Contract Universal Community Donation Mortis Causa Nullity of Clause +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Armand Comeau and Another

Appellants (defendants)

Dame Alphonsine Tourigny

Respondent (plaintiff)

Procedural Posture

Appeal to Supreme Court of Canada; Family/matrimonial Property Dispute / On Appeal From Court of King’s Bench, Province of Quebec; Judgment Delivered

Legal Issues

  1. 1 Proper construction of phrase 'tous les biens qu’il possèdera alors' in a marriage contract
  2. 2 Whether clause constituted a valid donation mortis causa in favour of children from a prior marriage
  3. 3 Whether nullity of that clause invalidates the entire marriage contract

Ratio Decidendi

The phrase 'tous les biens qu’il possèdera alors' refers to the husband's property (his succession) at his death, not to the entirety of community property; the clause purporting to donate that succession to children of a prior marriage is a prohibited donation mortis causa and is null, but that nullity does not invalidate the rest of the marriage contract (the universal community remains effective); however the accessory obligation imposed on the children to pay the widow $2,000 is tied to the illegal donation and is therefore also null.

Court Disposition

Appeal dismissed; judgment of Superior Court and Court of King’s Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment ordering partition of the universal community between the respondent and the appellants affirmed