In what circumstances will a testatrix be found guilty of the manslaughter of her husband?
Saskatchewan, Canada
The following excerpt is from Emele Estate (Re), 1941 CanLII 193 (SK QB):
It would be extremely bold for me to find the widow guilty of murder or manslaughter on affidavit evidence after the jury had acquitted her, and I am indeed glad that on the authorities the burden of determining her guilt or innocence is not laid upon me. In McKinnon v. Lundy (1893) 24 O.R. 132, a testatrix devised some land to her husband who transferred the same to his brother. The husband was convicted of the manslaughter of his wife. It was held that by his felonious act in killing his wife the husband had absolutely precluded and debarred himself from obtaining any benefit under her will or out of her estate and his grantee, his brother, was in no better position.
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