Court of Appeal

CASE NO.                                                  VOLUME                                                          PAGE

Cite as: Hemphill Estate v. Hemphill, 1998 NSCA 119

THE ESTATE OF JEAN HEMPHILL,                                                    ALDRICH HEMPHILL

by the Guardian MARGARET McINNIS

                                                                        - and -

(Appellant)                                                                                                                (Respondent)

C.A.  No.  144042                                Halifax, N.S.                                              FLINN, J.A.

                                                                                                                             (orally)

APPEAL HEARD:                                        June 18, 1998

JUDGMENT DELIVERED:             June 18, 1998

WRITTEN RELEASE OF ORAL:               June 18,1998

SUBJECT:           Application for Declaration of Nullity of Marriage - Appeal from findings, on the evidence, by the trial judge

SUMMARY:        The appellant applied to a Supreme Court judge for a declaration of the nullity of the marriage of Mr. and Mrs. Hemphill, on grounds that, on the date of the marriage, Mrs. Hemphill was incompetent.  The trial judge, on the evidence, determined that the applicant had not made out a case that Mrs. Hemphill was incompetent on the date of her marriage.

ISSUES:              Appellate Review.

RESULT: Appeal dismissed.  The trial judge made no palpable or overriding error in reaching his conclusion on the evidence.  There is, therefore, no basis for this Court to interfere with those conclusions.