Garrett Horrocks

The Estate Trustee During Litigation (ETDL) brought a motion for directions to approve the sale of a commercial property belonging to the deceased's estate.

The sale was supported by one residual beneficiary but opposed by the other, who argued the property was undervalued.

The court applied the principles for approving a sale by a court-appointed receiver or trustee, finding that the ETDL had the power to sell, acted in good faith, and made sufficient efforts to obtain the best price by exposing the property to the market.

The court approved the sale, concluding it was in the best interests of the estate, and awarded costs to the ETDL and the supporting beneficiary.

The defendant brought a motion for summary judgment to dismiss a claim by his late mother's estate.

The estate alleged the defendant failed to pay his mother a one-third share of crop income from a farm property as required by his late father's will.

The defendant argued that when he stopped farming, he and his mother agreed she would receive one-third of the rental income instead, which she accepted for 18 years.

The court found the estate's evidence relied on inadmissible hearsay from interested beneficiaries that lacked threshold reliability and corroboration under s. 13 of the Evidence Act.

The court concluded the mother had agreed to or acquiesced in the changed payment arrangement and granted summary judgment dismissing the action.