Mayhew v. Stone

Mayhew v. Stone

Payment by an administratrix made in bona fide reliance on competent legal advice is not an unadministered asset of the deceased's estate and therefore is not recoverable by an administrator de bonis non; additionally, documents filed after a judgment purporting to add or alter reasons are improper and may not be considered on appeal.

Citation
(1896) 26 SCR 58
Parties
Appellant/plaintiff: Edward Mayhew, Administrator de bonis non of Zachariah Mayhew, Deceased; Respondent/defendant: Mary Jane Stone
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 February 1896
Procedural Posture
Appeal From Court of Appeal in Equity of Prince Edward Island to Supreme Court of Canada / Hearing on Appeal; Judgment Delivered
Outcome
Appeal dismissed with costs.
Legal Topics
Administrator De Bonis Non, Payment of Claim, Unadministered Assets, Mistake of Law, Publication of Judicial Reasons
Source Language
English
Estates Equity Trusts Procedure Administrator De Bonis Non Payment of Claim Unadministered Assets Mistake of Law +1 more

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Parties

Edward Mayhew, Administrator de bonis non of Zachariah Mayhew, Deceased

Appellant/plaintiff

Mary Jane Stone

Respondent/defendant

Procedural Posture

Appeal From Court of Appeal in Equity of Prince Edward Island to Supreme Court of Canada / Hearing on Appeal; Judgment Delivered

Legal Issues

  1. 1 Whether money paid by an administratrix in good faith on competent legal advice is an unadministered asset recoverable by an administrator de bonis non
  2. 2 Whether documents filed after delivery of judgment to add or alter reasons may be included in the appeal record and considered on appeal

Ratio Decidendi

Payment by an administratrix made in bona fide reliance on competent legal advice is not an unadministered asset of the deceased's estate and therefore is not recoverable by an administrator de bonis non; additionally, documents filed after a judgment purporting to add or alter reasons are improper and may not be considered on appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.