The appellants, estate trustees, appealed an order interpreting the deceased's will and removing them as trustees.
The application judge found that the primary responsibility of the estate was to maintain the respondent, the deceased's wife, and that she was not required to exhaust her own income before resorting to capital.
The application judge also removed the appellants as trustees for failing to maintain an even hand between the income and capital beneficiaries.
The Court of Appeal dismissed the appeal, upholding the application judge's interpretation of the will and the removal of the trustees, and awarded costs to the respondent.
