Stoodley (nee Rossi) v Stoodley [1981] JLR 113 (03 August 1981)

Separation nearly 50 years before death is not sufficient reason for deprivation of legitime if the wife had reasonable cause.

Case Brief

Summary, issues, holding and outcome

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Stoodley (nee Rossi)

Applicant

Stoodley

Respondent

Succession / Judgment

1 Whether the widow is entitled to legitime despite separation
2 Whether separation nearly 50 years before death is sufficient reason for deprivation of legitime

Separation nearly 50 years before death is not sufficient reason for deprivation of legitime if the wife had reasonable cause.

widow entitled to legitime