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Beneficiary ordered to vacate estate property, pay occupation rent and carrying costs; sale authorized.
The Estate Trustee applied for vacant possession, occupation rent, and carrying costs for a residential property forming part of the estate residue, while a residual beneficiary occupying the property applied to prevent its sale and remain in possession.
The court found the beneficiary had no legal or proprietary interest in the property to prevent the sale, and that the Estate Trustee properly exercised his discretion to sell it.
The court dismissed the beneficiary's application, ordered vacant possession within 60 days, and awarded the Estate occupation rent and carrying costs.
