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Judge rejects Ontario man’s ‘racist will’ .

Twister

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Aug 24, 2002
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I don't agree with the man's reasons, he's a prick but isn't he entitled to do what he wants with his money?


Judge rejects Ontario man’s ‘racist will’ that disinherited daughter for having ‘bastard white son’.

A Newmarket court handed down a difficult lesson this week: a last will and testament may not be as inviolate as the dead would wish — especially if his deathbed pleas are deemed to be overtly racist.

On Tuesday, Justice C.A. Gilmore ruled that Jamaican-born Rector Emanuel Spence’s last will be overturned because he had disinherited a daughter who gave birth to a white man’s child.

Mr. Spence, who died alone in 2012, disowned his daughter when he found out she was carrying the infant. Instead, he left $400,000 to another daughter whom he barely knew in the U.K., largely out of anger and spite.

The court documents show that Mr. Spence and his daughter, Verolin, had an excellent relationship prior to 2002. The father supported his daughter throughout eight years of post-secondary education both in Canada and in the U.K. and was proud of her academic achievements.

Then, the court documents read:

“In September 2002, Verolin’s relationship with her father came to a dramatic end. She told her father that she was pregnant and that the father of her child was Caucasian. Her father exclaimed that he was ashamed of Verolin and from that point onwards, the deceased restricted his communication with her. He made it clear to Verolin, according to her affidavit, that he would not allow a white man’s child in his house.”

Mr. Spence refused all contact with his grandson, Alexander, who is now 11-years-old.

In fact, he referred to the child to a family friend as his daughter’s “bastard white son.”

Does it offend public policy that the deceased’s other daughter, Donna, should receive the entire estate simply because her children were fathered by a black man? That, in my view, offends not only human sensibilities but also public policy
The statement describes a lonely, angry man prone to fits of anger and abusive behaviour so intense that aid agencies stopped sending people to help him with his needs. He died of a stroke in 2012. Neither daughter attended his funeral.

Mr. Spence’s last will, signed on 2010, granted his assets to his eldest daughter, Donna, even though the two were largely estranged. Donna still lives in the U.K. and has made no appearances in relation to the proceedings.

On Tuesday, the Justice wrote: “It is clear and uncontradicted, in my view, that the reason for disinheriting Verolin, as articulated by the deceased, was one based on a clearly stated racist principle. Does it offend public policy that the deceased’s other daughter, Donna, should receive the entire estate simply because her children were fathered by a black man? That, in my view, offends not only human sensibilities but also public policy.”

Judge Gilmore divided Mr. Spence’s estate between the two daughters.

http://news.nationalpost.com/2015/0...erited-daughter-for-having-bastard-white-son/
 

trtinajax

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Apr 7, 2008
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Where does a two-bit jerk get off interfering in the way a person distributes their estate just because a few years ago some ass-hole appointed him to the bench as a judge. This judge didn't earn a single penny of the guy's estate yet he gets to decide how it will be distributed. If he wants the daughter to have $200,000 then he should take it out of his own bank account & give it to her.

I have a similar problem, a son from a first marriage that sided with his mother over some stupid thing 25 years ago and told me he didn't want anything more to do with me, hasn't spoken to me for those 25 years yet I know as soon as I die he will be there with his hand out demanding what is "rightfully" his. And now I have a stupid jerk sitting on a court bench who thinks that he has the right to over-rule what I decide to do with my estate. What a pompous ass.
 

Perry Mason

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Aug 20, 2001
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Where does a two-bit jerk get off interfering in the way a person distributes their estate just because a few years ago some ass-hole appointed him to the bench as a judge. This judge didn't earn a single penny of the guy's estate yet he gets to decide how it will be distributed. If he wants the daughter to have $200,000 then he should take it out of his own bank account & give it to her.

I have a similar problem, a son from a first marriage that sided with his mother over some stupid thing 25 years ago and told me he didn't want anything more to do with me, hasn't spoken to me for those 25 years yet I know as soon as I die he will be there with his hand out demanding what is "rightfully" his. And now I have a stupid jerk sitting on a court bench who thinks that he has the right to over-rule what I decide to do with my estate. What a pompous ass.
I doubt that the judgment would stand if it were appealed, but there is probably no one who would appeal it.

In your case, leave him $1 without any explanation.

Perry
 

danmand

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Nov 28, 2003
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Seriously, can a judge overturn a properly executed will?
 

DB123

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Jul 15, 2013
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No! Appeal it and his judgement will be over turned. The judge over stepped his authority.
Or, you know, there's the accurate answer, which was yes.

If, for instance, you are married and leave nothing to your spouse, they can apply for and WILL receive your estate. That's one of a number of instances.
 

Perry Mason

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Aug 20, 2001
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No! Appeal it and his judgement will be over turned. The judge over stepped his authority.
No, it is "overturned." And it is also "overstepped."

Where did you learn English? At Honest Ed's?

And did you read my post above before offering your learned opinion? Or are you hard of reading, too?

Perry
 

one.of.a.kind

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Dec 31, 2013
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Or, you know, there's the accurate answer, which was yes.

If, for instance, you are married and leave nothing to your spouse, they can apply for and WILL receive your estate. That's one of a number of instances.
Partially correct. You are referring to a spouse. This is very different because of the law on marriage and property.

The Judge overturned the will based on racialism. Not his call. I can leave my son everything and my daughter nothing. The estate does not have to be equally distributed.

The best way to handle it is leave an insignificant amount to the one you don't like.
 

mandrill

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Aug 23, 2001
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Haven't studied estates since Law School. But I bet that judge was well within his rights and well within the Law to strike out that clause as being contrary to public policy and the appeal would go nowhere.

If you offered $100,000 in your will to some guy on condition that he publicly urinate on Prime Minister Harper, you think that would stand up in court for a millisecond? Same deal with racism.
 

Sugar-D

Member
Feb 8, 2012
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BOOBS!!!!
No, it is "overturned." And it is also "overstepped."

Where did you learn English? At Honest Ed's?

And did you read my post above before offering your learned opinion? Or are you hard of reading, too?

And do you know the difference, in law, between a child's claims and a spouse's?

Perry
Holy shit that escalated quickly. Do you guys have bad blood between you?
 

Perry Mason

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Aug 20, 2001
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If, for instance, you are married and leave nothing to your spouse, they can apply for and WILL receive your estate. That's one of a number of instances.
There is a huge difference in law between a child's claim and a spouse's.

Perry
 

mandrill

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Aug 23, 2001
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Partially correct. You are referring to a spouse. This is very different because of the law on marriage and property.

The Judge overturned the will based on racialism. Not his call. I can leave my son everything and my daughter nothing. The estate does not have to be equally distributed.

The best way to handle it is leave an insignificant amount to the one you don't like.
The word is "racism".
 

Perry Mason

Well-known member
Aug 20, 2001
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The word is "racism".
Forgive him... spelling is not is strong suit.

But on the issue, it is not a question of public policy and no rights of a member of the public is affected... but you never know what an appellate court might come up with these days...

Perry
 

bestman007

Well-known member
Jun 20, 2013
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Seriously, can a judge overturn a properly executed will?
I have seen it overturned when there is evidence that the deceased was under some sort of duress, mental illness, coercion, manipulation etc. Never have I seen it overturned for something like this. If this were to be appealed I am quite confident that it would be overturned because the judge has no legal ground for making such a ruling which comes across as arbitrary despite the sentiments of the deceased clearly being vile and ignorant.
 

Aardvark154

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Jan 19, 2006
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Partially correct. You are referring to a spouse. This is very different because of the law on marriage and property.

The Judge overturned the will based on racialism. Not his call. I can leave my son everything and my daughter nothing. The estate does not have to be equally distributed.

The best way to handle it is leave an insignificant amount to the one you don't like.
Yes, and you can possibly get away with it

But, and this important, if the reason you disinherit your daughter is because she married someone of another race and you use terms like “bastard White/Black/Asian, son/daughter” that offend public policy in your will, expect a successful challenge to be made to it even if your will has a non-contestability clause.

The bottom line is the will has to be fair on its face. That doesn't mean each beneficiary of a certain degree must be left the same amount, but it does mean that you are asking for a will contest (i.e. trouble) if the will just screams "evil bastard."
 
Ashley Madison
Toronto Escorts