It's a one-way trip, court says

By Kevin Rollason

Law Courts Reporter

(Winnipeg Pree Press 1993, December 1)

A DECEASED Virden farmer who wanted his estate back when he returned from the dead has had his request turned down by the province's highest court.

The Court of Appeal ruled unanimously that Peter Tucker, described as a devout Jehovah's Witness, cannot direct from the grave that his farm will be looked after by his neighbor until the day he returns from the other side.

"He (Tucker's son Lawrence) will receive his absolute interest in the land and farm sooner rather than later," Mr. Justice Guy Kroft said in a 21-page ruling released yesterday…

"Without so finding or suggesting, I will assume that his extreme belief was so unfounded and illogical as to justify being described as an insane delusion." ...

Tucker believed his body would be resurrected and he would return to his farm. Consequently, his will directed his son to live in the house, while his neighbor…would look after the farm, pay all taxes and utilities from the farm's income and mow the lawn.