Shields Estate, Re, (1994) 126 Nfld. & P.E.I.R. 266 (PEITD)

• Case Date: October 06, 1994
• Jurisdiction: Prince Edward Island
• Citations: (1994), 126 Nfld. & P.E.I.R. 266 (PEITD)

Shields Estate, Re (1994), 126 Nfld. & P.E.I.R. 266 (PEITD);

    393 A.P.R. 266

MLB headnote and full text

In The Matter of the Estate of Francis G. Shields, late of Kensington in Prince County, Prince Edward Island, deceased, intestate

Indexed As: Shields Estate, Re

Prince Edward Island Supreme Court

Trial Division

MacDonald, C.J.T.D.

November 25, 1994.

Summary:

Currie successfully sued the Shields estate and was awarded $5,600 plus interest and costs. At the closing of the estate it was claimed that there were insufficient funds to pay all the estate debts.

The Prince Edward Island Supreme Court, Trial Division, determined priority of debts and held that there were insufficient funds available to pay Currie.

Executors and Administrators - Topic 2803

Duties and powers of executors and ad­ministrators - Payment of debts - Personal liability of executor - Currie, a judgment creditor, advanced a claim against the estate at the closing - The funeral expenses were paid out beyond the $1500 allowed by s. 19(b) of the Probate Act - Currie claimed that the administratrix was liable for the amount paid over the statu­tory limit - The funeral expenses were paid out before Currie served her statement of claim - The Prince Edward Island Supreme Court, Trial Division, acknowl­edged that the personal representative is liable if she mismanages, squanders or neglects the estate assets but not for errors of judgment when she honestly does her best - The court held that the administratrix was not liable - See para­graphs 10 to 11.

Executors and Administrators - Topic 2816

Duties and powers of executors and ad­ministrators - Payment of debts - Prior­ities - Currie successfully sued the Shields estate and was awarded $5,600 plus inter­est and costs - At the closing of the estate it was claimed that there were insufficient funds to pay all the estate debts - Currie's judgment was entered after the land be­longing to the estate was sold - Currie did not have an execution lien against the personal assets of the estate because the judgment was not executed under s. 16 of the Judgment and Execution Act - The Prince Edward Island Supreme Court, Trial Division, held that Currie's judgment fell under s. 19(d) of the Probate Act rather than s. 19(a) and as a result there were insufficient funds - See paragraphs 8, 16 to 17.

Statutes Noticed:

Judgment and Execution Act, R.S.P.E.I. 1988, c. J-2, sect. 16 [para. 8].

Probate Act, R.S.P.E.I. 1988, c. P-21, sect. 18, sect. 19 [para. 5]; sect. 19(a) [para. 9]; sect. 19(b) [para. 10].

Authors and Works Noticed:

Feeney, Thomas G., The Canadian Law of Wills (3rd Ed. 1987), vol. 1, p. 254 [para. 10].

Counsel:

Bernard St. C. McCabe, Q.C., for the Estate;

Robert A. McConnell, for Viola Currie.

This matter was heard on October 6, 1994, before MacDonald, C.J.T.D., in cham­bers, of the Prince Edward Island Supreme Court, Trial Division, who delivered the following decision on Novem­ber 25, 1994.