McEwen v. Jenkins and Bradley

McEwen v. Jenkins and Bradley

Both the will and the power of attorney were null and void for lack of mental capacity; proponents failed to prove lucid intervals by a preponderance of evidence; the trial judgment avoiding the will had become res judicata because universal legatees did not appeal; therefore executors and the mandatary must account for their administrations and the appeal is allowed.

Citation
[1958] SCR 719
Parties
Plaintiff/appellant: Dame Linnie Holland McEwen; Defendant/respondent: Estate of Charles Ruiter Jenkins; Defendant/mis En Cause: Wesley H. Bradley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1958
Procedural Posture
Civil Estates (will Contest and Accounting) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec
Outcome
Appeal allowed; will and power of attorney declared null and void; cross-appeals dismissed.
Legal Topics
Will Validity, Power of Attorney, Mental Capacity, Res Judicata, Accounting, Burden of Proof/lucid Intervals, Undue Influence
Source Language
English
Estates Civil Procedure Capacity/mental Capacity Trusts and Executors Will Validity Power of Attorney Mental Capacity Res Judicata +3 more

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Parties

Dame Linnie Holland McEwen

Plaintiff/appellant

Estate of Charles Ruiter Jenkins

Defendant/respondent

Wesley H. Bradley

Defendant/mis En Cause

Procedural Posture

Civil Estates (will Contest and Accounting) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the deceased had capacity to execute the will and the power of attorney
  2. 2 Who bears the burden of proof once prima facie incapacity is shown
  3. 3 Whether the trial judgment avoiding the will was res judicata

Ratio Decidendi

Both the will and the power of attorney were null and void for lack of mental capacity; proponents failed to prove lucid intervals by a preponderance of evidence; the trial judgment avoiding the will had become res judicata because universal legatees did not appeal; therefore executors and the mandatary must account for their administrations and the appeal is allowed.

Court Disposition

Appeal allowed; will and power of attorney declared null and void; cross-appeals dismissed.

Orders

  • Declare the will (Feb 18, 1949) null and void for mental incapacity (res judicata as to that declaration)
  • Declare the power of attorney (Jan 30, 1948) in favour of Charles R. Jenkins null and void for mental incapacity