Marc A. Huneault

The plaintiff brought a motion for summary judgment to recover the balance outstanding under a mortgage and possession of the mortgaged property.

The court dismissed the motion, finding that neither the renewal of the first mortgage nor the transfer of shares constituted a default under the loan agreement or third mortgage.

The court also determined the correct outstanding mortgage amount and declared the plaintiff's notice of sale void due to an incorrect amount claimed.

This decision concerns a contested passing of estate accounts.

The beneficiaries (respondents) challenged the estate trustee's (applicant's) accounting, alleging unaccounted assets from real estate sales and a life insurance policy, as well as improper payment of legal fees from the estate.

The court found that the estate trustee failed to adequately account for $107,321 in corporate assets and $53,220 in personal assets, and improperly paid $21,074 in legal fees from the estate.

The court ordered the estate trustee to pay $181,615 to the estate by way of damages.

The respondents' claim for a resulting trust on property transferred to the estate trustee prior to the deceased's death was dismissed due to the presumption of advancement between married spouses.