Sarah Shipley

The applicant beneficiary objected to the accounts passed by the respondent Estate Trustee, alleging breach of fiduciary duty, unauthorized renovations to the deceased's home, poor record-keeping, and failure to pay estate taxes.

The court found that while the respondent did not act with malice, his administration of the estate fell short of the required standard.

The court ordered a reduction in the respondent's trustee compensation and required him to repay the applicant for funds allegedly used for taxes and a mortgage payout that could not be traced to estate benefits.

The applicant's request for additional damages was dismissed.

The applicant brought an application for the delivery of a dog pursuant to the deceased's will.

The will provided a legacy of $100,000 for the care of the dog to the individual who assumed its care and residence.

The estate trustee had placed the dog with her son after the applicant allegedly declined to take it.

The court reviewed text messages between the parties and concluded that the applicant did not intend to be the guardian of the dog in accordance with the will.

The application was dismissed.