SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 13-1227

DATE: 20141003

RE: RICHARD JOHN BESTED, Estate Trustee for the Estate of Donald Oliver Bested, Applicant

AND:

STEVEN DONALD BESTED, Estate Trustee for the Estate of Donald Oliver Bested, Respondent

BEFORE: THE HON. MR. JUSTICE P.H. HOWDEN

COUNSEL:
S.P. Fleury, for the Applicant

S. Bested, Self Represented

HEARD: August 27, 2014 and by written submissions

ENDORSEMENT

[1] There were two issues when this application came before me. Those issues were:

(a) Compensation for the trustees and division thereof; and

(b) Division of household contents.

[2] Once issue (a) was dealt with, the accounts of the estate, which were also before me, could be passed.

[3] The original request to remove one of the trustees was resolved without the need for an order, having been simply withdrawn.

[4] I released my endorsement on issue (a) on September 15, 2014.

[5] Regarding issue (b), I released a preliminary endorsement on August 27, 2014. A process was established to identify which items of the household items were in dispute. Both of the surviving next of kin of the deceased Mr. Donald Oliver Bested have submitted their desired lists, with reasons where an item was disputed.

[6] I have tried to be as fair as possible while also bearing in mind any special relationship to the item(s) in question. I have tried to have regard to a rough equality, such as the silver collection given to one and the majority of jewellery and glassware to the other, as one example. The following and the schedules attached contain my findings which are final. There will be no further consideration by me of this division. Those items that are not now in the possession of the party to whom they are awarded by paragraph 7 and Schedules A, A1 and B attached hereto are to be turned over to the person to whom they are awarded forthwith, except for the family photos which shall be given to Richard John Bested on or before December 31, 2014. This deadline is peremptory.

[7] The order to issue shall provide that the items or class of items in Schedule A and A1 attached shall be transferred to Richard John Bested for his use and possession, and title and ownership of those items are vested in him solely. The items in Schedule B also attached shall be transferred to Steven Donald Bested for his use and possession, and title and ownership of those items are vested in him solely; in short, Steven Donald Bested is entitled to all of the Estate’s household contents not specifically listed in Schedules A and A1. The items specifically listed in Schedule B are the contested items awarded to Steven Donald Bested. Schedule C is a list of the jewellery (costume and gold) and glassware referred to in Schedules A and B.

[8] Counsel for the estate Stephen Fleury may serve on each party and send to me his bill of costs in draft form together with his brief submissions. I am referring to his costs for the application by the estate and his work on the passing of accounts and setting of date for the tea cup selection, and not his work for Richard John Bested in his personal capacity, for which he may bill that person directly. There is no further order as to costs.

HOWDEN J.

Date: October 3, 2014

Schedule A

Those Items of the Donald Oliver Bested Estate Household Contents to Richard John Bested

• 15 of the 30 tea cups and saucers, to be selected by Richard and Steven at date, time and place to be scheduled as per Schedule B.

• Tall cut glass vase

• Of costume jewellery in Schedule C, the round clear stone broach (Row 1, Column 5) only

• Mother’s wedding ring set

• White/yellow sapphire/diamond ring

• 64 piece 1847 silver plate set plus contents of wooden silverware case

• Original WWII photo of father

• Books listed in Schedule A1

• Half of all hand tools

• Half of spinner jars containing workshop parts

• Richard Bested’s personal photo album

• Douglas Bested’s personal photo album

• Family photos (to be scanned by December 31, 2014)

• Pen and ink pictures

• Christmas wreath (as made by Barbara Bested)

• Half of the Rubbermaid storage containers

• Old licence plates

• Stand up dirt devil vacuum

• Large glass jar (storing flour and sugar)

• DVD player from den

• 1 box of glassware except those items listed in Schedule B

• Golf club (driver)

• Gray plastic workshop organizer unit

• Ceramic man

• Glass bowling mugs

• Half of $600 US cash

• Half of coins in pill bottles

Schedule B

Those Items of the Donald Oliver Bested Estate Household Contents to Steven Donald Bested

All items of household contents except those listed in Schedules A and A1, and in particular including the following:

• The remaining more than 300 books not listed in Schedule A1

• 15 of the 30 tea cups and saucers, to be selected at a date, time and place to be set by Steven Fleury after consultation with both brothers, ready to take turns selecting, starting with Richard John Bested, if either fails to appear at the scheduled date, time and place, the other shall be entitled to all 30 teacups and saucers.

• All costume and other jewellery listed in Schedule C (Steven’s inventory) including mother’s charm bracelet with all charms, but save and except the 3 items of costume jewellery listed in Schedule A

• Of the glassware, the short flower vase, long narrow glass, elliptical-shape dish, teapot and mugs, 2 crystal cream and sugar