MacCulloch (Bankrupt), Re, (1991) 111 N.S.R.(2d) 271 (ProbCt)

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: December 12, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 111 N.S.R.(2d) 271 (ProbCt)

MacCulloch (Bankrupt), Re (1991), 111 N.S.R.(2d) 271 (ProbCt);

  303 A.P.R. 271

MLB headnote and full text

In the Matter of the Estate of Charles E. MacCulloch, late of Enfield, in the County of Hants, Province of Nova Scotia, deceased;

And In the Matter of the Probate Act, Chapter 359, of the Revised Statutes of Nova Scotia, 1989;

And In the Matter of the Applications of Patricia B. MacCulloch to be reinstated as an Executor of the estate.

Indexed As: MacCulloch (Bankrupt), Re

Nova Scotia Probate Court

Hall, J.C.C.

December 12, 1991.

Summary:

Charles E. MacCulloch died in 1979 leav­ing a will under which Central Guaranty Trust and his widow were the executors. After protracted administration of the estate, including its bankruptcy, the remaining assets of the estate were $100,000 and a $1.8 million judgment against the widow. Both Central Guarantee Trust and the widow applied for removal of the other as executor.

The Nova Scotia Probate Court refused to remove Central Guarantee Trust, but tempo­rarily suspended the powers of the widow as executor because of the conflict between her interests and those of the estate (see 102 N.S.R.(2d) 147; 279 A.P.R. 147).

In further proceedings the Nova Scotia Probate Court ordered that the suspension be lifted and the widow be reinstated as an active executor except where her interests and those of the estate were in conflict.

Executors and Administrators - Topic 390

Appointment, qualification and tenure - Executors - Removal or suspension - Reinstatement - A trust company and the testator's widow were executors of an estate which went bankrupt during ad­ministration - The widow's powers as an executor were suspended due to a conflict between her interests and those of the estate - After a 12 year period the estate was unable to fund further litigation and unable to close - The trust company re­fused to further administer the estate - The Nova Scotia Probate Court, further to an earlier order, lifted the suspension and re-instated the widow as an active executor except where there was a conflict between her interests and those of the estate.

Counsel:

E.J. Flinn, Q.C., for Central Guaranty Trust;

Patricia B. MacCulloch, for herself.

This action was heard on October 2 and 4, 1991, at Windsor, N.S., before Hall, J.C.C., of the Nova Scotia Probate Court, who delivered the following judgment on December 12, 1991.