The estate trustee for the deceased applicant brought a motion seeking a contempt finding against the respondent, partition and sale of a property, and an order dispensing with the consent of the estate's beneficiaries to transfer property interests.
The court dismissed the contempt and partition claims, noting the latter was a nullity as it was brought within one year of the deceased's death.
The trustee abandoned the request to dispense with beneficiary consent.
The court declined to award costs against the trustee personally or the estate, and ordered a further conference to address the frustrated settlement.
