Wynne v. Wynne

Wynne v. Wynne

Majority held that the evidence established the testator's testamentary capacity at the time of signing and that execution complied with Article 851 C.C. because the signature in the presence of witnesses and the surrounding circumstances implied knowledge and a request to attest; accordingly the will was valid and probate irregularity did not preclude litigation of validity. Appeal allowed and trial judgment upholding the will restored.

Citation
(1921) 62 SCR 74
Parties
Appellant/defendant: Alice Wynne; Respondent/plaintiff: Joseph P. Wynne
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1921
Procedural Posture
Appeal (probate/will) / Supreme Court of Canada on Appeal From Court of King's Bench, Province of Quebec
Outcome
Appeal allowed; judgment of the Superior Court restored; will upheld.
Legal Topics
Testamentary Capacity, Execution of Will (attestation), Probate, Article 851 C.c., Res Judicata
Source Language
English
Estates Wills Succession Civil Procedure Evidence Testamentary Capacity Execution of Will (attestation) Probate +2 more

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Parties

Alice Wynne

Appellant/defendant

Joseph P. Wynne

Respondent/plaintiff

Procedural Posture

Appeal (probate/will) / Supreme Court of Canada on Appeal From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether testator was of sound mind (testamentary capacity) at time of execution
  2. 2 Whether execution complied with Article 851 C.C. (signature, witnesses, request/acknowledgement)
  3. 3 Whether probate is res judicata as to the validity of the will

Ratio Decidendi

Majority held that the evidence established the testator's testamentary capacity at the time of signing and that execution complied with Article 851 C.C. because the signature in the presence of witnesses and the surrounding circumstances implied knowledge and a request to attest; accordingly the will was valid and probate irregularity did not preclude litigation of validity. Appeal allowed and trial judgment upholding the will restored.

Court Disposition

Appeal allowed; judgment of the Superior Court restored; will upheld.

Orders

  • Appeal allowed with costs (in this Court and in the Court of King's Bench)
  • Judgment of the Superior Court restored upholding the validity of the will