Bank of Nova Scotia v. Emerson Estate, (1969) 2 N.B.R.(2d) 249 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 01, 1963
• Jurisdiction: New Brunswick
• Citations: (1969), 2 N.B.R.(2d) 249 (QB)

BNS v. Emerson Estate (1969), 2 N.B.R.(2d) 249 (QB);

    2 R.N.-B.(2e) 249

MLB headnote and full text

Sommaire et texte intégral

Bank of Nova Scotia v. Estate of Charles E. Emerson and Estate of W.E. Emerson, Jr.

Indexed As: Bank of Nova Scotia v. Emerson Estate

Répertorié: Bank of Nova Scotia v. Emerson Estate

New Brunswick Court of Queen's Bench

Barry, J.

December 5, 1969.

Summary:

Résumé:

Co-executors of an estate died, one in 1963 and the other in 1967. On April 1, 1963, the co-executor borrowed $15,000 from the plaintiff Bank. The surviving executor failed to pay the $15,000 to the plaintiff Bank before distributing estate to legatees contrary to his duty as executor.

The New Brunswick Court of Queen's Bench held that the Estate of the surviving executor could not claim contribution against the Third Party (Estate of co-executor who died in 1963) because the surviving executor failed to fulfill his legal obligations as executor; namely, he failed to pay the debts of the estate including $15,000 to the plaintiff Bank before distributing the assets to legatees.

Executors and Administrators - Topic 5284

Actions by and against representatives - Contribution between co-executors - For damages for breach of duty - Executors and trustees - Contract - Contribution between co-executors for debts of estate - Liability of estate of co-executor for debts which should have been paid by surviving executor before distribution (New Brunswick Court of Queen's Bench).

Statutes Noticed:

Probate Courts Act, R.S.N.B. 1952, c. 175, sect. 68(1).

Counsel:

Charles F. Wheelly, for the plaintiff;

G.E. McInerney, Q.C., for the defendant, Estate of Charles A. Emerson;

Thomas Drummie and Harry Colwell, for the defendant, Estate of W.E. Emerson.

ACTION against estate of co-executors, each of whom had endorsed promissory note to the plaintiff Bank.