Mathieu v. Saint-Michel and Brassard

Mathieu v. Saint-Michel and Brassard

Medical and lay evidence established extreme mental senility creating a prima facie presumption of incapacity under Art. 986 C.C.; that presumption shifted the burden to those supporting the donation and will, who failed to discharge it, so the instruments were invalid — appeal dismissed.

Citation
[1956] SCR 477
Parties
Appellant (defendant): Dame Marie-Jeanne Mathieu; Respondent (plaintiff): Amedee Saint-Michel; Mis En Cause: Telesphore Brassard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1956
Procedural Posture
Appeal From Court of Queen's Bench, Appeal Side (quebec) Concerning Annulment of a Donation Inter Vivos and a Will / Final Judgment by Supreme Court of Canada on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Donation Inter Vivos, Testamentary Capacity, Burden of Proof, Civil Code Art. 986
Source Language
English
Estates Wills Succession Law Mental Incapacity Donation Inter Vivos Testamentary Capacity Burden of Proof Civil Code Art. 986

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Parties

Dame Marie-Jeanne Mathieu

Appellant (defendant)

Amedee Saint-Michel

Respondent (plaintiff)

Telesphore Brassard

Mis En Cause

Procedural Posture

Appeal From Court of Queen's Bench, Appeal Side (quebec) Concerning Annulment of a Donation Inter Vivos and a Will / Final Judgment by Supreme Court of Canada on Appeal

Legal Issues

  1. 1 Whether the deceased had capacity to consent to a donation inter vivos and to make a will
  2. 2 Whether medical and lay evidence raised a prima facie presumption of incapacity
  3. 3 Whether the presumption shifted the burden to propounders to prove capacity under Art. 986 C.C.

Ratio Decidendi

Medical and lay evidence established extreme mental senility creating a prima facie presumption of incapacity under Art. 986 C.C.; that presumption shifted the burden to those supporting the donation and will, who failed to discharge it, so the instruments were invalid — appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs