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The court dismissed a motion to remove an estate trustee and interpreted a hotchpot clause as treating lifetime advances as gifts rather than loans.
The applicants brought a motion to remove Tiffany Jean as Estate Trustee of the Estate of Warren Nelson Holbrook and for an interpretation of the Hotchpot Clause in Mr. Holbrook’s Will.
The court dismissed the motion to remove the Estate Trustee, finding that the applicants had not met the high threshold for removal, despite ongoing family friction and concerns about conflict of interest regarding a family business (Rejenmor).
The court provided directions for the future of Rejenmor, requiring its windup or sale within two years.
Regarding the Hotchpot Clause, the court adopted the Estate Trustee's interpretation, which treated lifetime advances to beneficiaries as gifts rather than loans requiring repayment, resulting in an unequal distribution where only one beneficiary would receive a residual share.
Motion to sell disputed estate property dismissed; occupant claiming ownership ordered to pay carrying costs.
The Estate Trustee During Litigation (ETDL) for the Estate of Marek Janusz Krol brought a motion to vary a prior order to permit the sale of the Cawthra property, citing financial inability to maintain the mortgage.
The Hermistons, who claim beneficial ownership of the property, opposed the motion and proposed alternative financing.
The court dismissed the ETDL's motion, finding insufficient new facts to vary the order, but ordered Joel Hermiston to pay all carrying costs of the property, allowing the ETDL to bring a new motion if costs are not met or refinancing fails.
