The applicant, who was awarded $2.39 million in damages in a civil sexual assault trial against the deceased, brought a motion for a Preservation Order to prevent the respondent Estate Trustee from depleting the estate's assets to fund an appeal of the civil judgment.
The respondent argued the estate funds were not a specific fund and that she was entitled to use them to defend the estate.
The court found the estate funds constituted a specific fund and that the respondent was in a conflict of interest as the sole beneficiary.
The court granted the Preservation Order but permitted the estate to fund the appeal up to a maximum of $25,000.
