Citation: Miller v. Legge, 2008 NSCA 8
Date: 20080124
Docket: CA 282504
Registry: Halifax
Between:
Carl Miller and Walter O. Newton
Appellants
v.
Lawrence Legge, Robert Legge, Sharon Legge and David Legge
Respondents
Judge: MacDonald, C.J.N.S., Roscoe and Saunders, JJ.A.
Appeal Heard: January 22, 2008
Subject: Wills and Estates, Trustees Fees, Estate accounts, Costs
Summary: The Trustees of an Estate appealed alleging that the Supreme Court judge erred in determining the magnitude of the trust as a basis to quantify their fees, in finding that they exercised poor judgment which led to a decline in the value of the estate, in ordering the repayment of agency fees collected by them from the beneficiaries with respect to non‑estate assets, in the calculation of the widow's income, in disallowing claims of two creditors of the estate and in disallowing the payment of solicitor client costs for one of the Trustees.
Issues: Was there reversible error?
Result: The order respecting agency fees was set aside. In all other respects the appeal was dismissed.
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