Herbert Thomas Arnold

The appellant, representing the estate of Florence McLaughlin, appealed a trial decision dismissing a claim for approximately $167,878 against the estate of Ernest McLaughlin.

Ernest had been the trustee of Florence's estate and commingled its funds with his own.

Before Ernest's death, his brother Bruce, acting as successor trustee, facilitated a new will for Ernest that established a $50,000 trust for their siblings in satisfaction of the estate's obligations.

The Court of Appeal upheld the trial judge's finding that Bruce had acquiesced to this arrangement in his capacity as trustee, thereby settling the claim and binding the beneficiaries.