Charitable beneficiaries of an estate brought a motion seeking a contempt finding against the estate trustee for failing to comply with prior court orders requiring the filing of estate accounts and the taking out of an appointment to pass accounts.
The trustee had been personally served and given an additional extension but failed to comply and did not appear at the contempt hearing.
Applying the test for civil contempt, the court found the prior orders were clear and unequivocal and that the trustee deliberately disobeyed them.
The court held the trustee in contempt, removed her as estate trustee, and ordered the appointment of a succeeding trustee to administer the estate and receive all estate assets.
Substantial indemnity costs were ordered against the trustee personally.
