Andrew Felker

The applicant commenced an application challenging her late father's will and seeking dependent support.

On the eve of trial, the applicant reached a settlement with the estate trustee and brought a motion to discontinue the proceeding.

The non-settling respondent opposed the discontinuance and sought to be substituted as the plaintiff.

The court granted the motion to discontinue, finding the applicant would be prejudiced if forced to proceed to trial, while the non-settling respondent could still commence his own proceeding.

The motion for substitution was dismissed due to the respondent's unexplained delay in advancing his own claim.

The applicant brought an application for the delivery of a dog pursuant to the deceased's will.

The will provided a legacy of $100,000 for the care of the dog to the individual who assumed its care and residence.

The estate trustee had placed the dog with her son after the applicant allegedly declined to take it.

The court reviewed text messages between the parties and concluded that the applicant did not intend to be the guardian of the dog in accordance with the will.

The application was dismissed.

The applicant estate trustee applied to pass his accounts.

The respondent beneficiaries objected, alleging the trustee failed to pay debts, failed to diversify the stock portfolio, purchased shares on margin, improperly paid himself $70,000 as an alleged inter vivos gift, and incurred tax penalties.

The court found the trustee breached his fiduciary duties by failing to diversify and by making high-risk margin investments.

The court also found the $70,000 payment was an unperfected gift.

The trustee was removed and ordered to pay $357,140 to the estate to cover investment losses, tax penalties, excess compensation, and the invalid gift.