McBratney v. McBratney

McBratney v. McBratney

The Court held that the discretion conferred by ss.2 and 8 of the Married Women's Relief Act is restricted by implication to the share the widow would have received on intestacy (in this case one half of the distributable estate); the court cannot grant her more than that as relief.

Citation
(1919) 59 SCR 550
Parties
Appellant/defendant: Janet McGregor McBratney; Respondent/plaintiff: Sadie McBratney; Deceased Testator: Robert Thomas McBratney
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1919
Procedural Posture
Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta / Final Appeal Judgment (1919)
Outcome
Appeal allowed; judgment of Appellate Division reversed insofar as it exceeded statutory limit; widow declared entitled to one half of distributable surplus; matter remitted for effect and administration; costs to be paid out of the estate.
Legal Topics
Widow Relief, Married Women's Relief Act, Intestacy Rights, Judicial Discretion, Construction of Ss.2 & 8
Source Language
English
Family Law Probate Succession Estate Law Statutory Interpretation Widow Relief Married Women's Relief Act Intestacy Rights +2 more

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Parties

Janet McGregor McBratney

Appellant/defendant

Sadie McBratney

Respondent/plaintiff

Robert Thomas McBratney

Deceased Testator

Procedural Posture

Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta / Final Appeal Judgment (1919)

Legal Issues

  1. 1 Whether the Court's discretion under the Married Women's Relief Act is limited to the widow's intestacy share
  2. 2 Whether a widow can receive more than her intestacy share as relief under ss.2 and 8 of the Act
  3. 3 Proper construction of sections 2 and 8 of The Married Women's Relief Act (Alberta)

Ratio Decidendi

The Court held that the discretion conferred by ss.2 and 8 of the Married Women's Relief Act is restricted by implication to the share the widow would have received on intestacy (in this case one half of the distributable estate); the court cannot grant her more than that as relief.

Court Disposition

Appeal allowed; judgment of Appellate Division reversed insofar as it exceeded statutory limit; widow declared entitled to one half of distributable surplus; matter remitted for effect and administration; costs to be paid out of the estate.

Orders

  • Appeal allowed
  • Judgment of the Appellate Division set aside to the extent it awarded more than intestacy share