Danylyshyn Estate, Re (1980), 5 Man.R.(2d) 181 (SurCt)
MLB headnote and full text
Re Danylyshyn’s Estate
Indexed As: Danylyshyn Estate, Re
Manitoba Surrogate Court
Eastern Judicial District
Jewers, J.
January 8, 1980.
Summary:
This headnote contains no summary.
Executors and Administrators – Topic 5544
Actions by and against representatives – Costs – Personal liability of representative – At the conclusion of an examination of the daughter of the testatrix, who had acted as executrix of the estate, counsel for the administrator of the estate asked for an order that the executrix pay costs on a solicitor-client basis with respect to the instant and all prior proceedings in this surrogate court – The probate granted to the executrix had been revoked, and she had failed to enter an appearance and show cause as to why she should not file an inventory – The court on a further application appointed a new administrator and ordered her to deliver up documents to him, with which she failed to comply – The Manitoba Surrogate Court did not think it appropriate to order further costs respecting part of the previous proceedings, because costs had already been fixed by a judge of the court, who had full knowledge of all previous proceedings up to that point – While the Manitoba Surrogate Court did not order additional costs on a strict solicitor-client basis, it did fix costs on an amount calculated to partly compensate the applicants for the legal costs they incurred resulting from the failure of the executrix to comply with the order to deliver up the estate documents to the new administrator and to reflect the disapproval of the court of her uncooperative attitude – The court ordered the executrix to personally pay costs to the administrator in the sum of $500.00, plus disbursements, to be deducted from her share of the proceeds of the estate – See paragraphs 5 to 7.
Counsel:
H.A. Adams, for the applicant;
Respondent in person.
This case was heard before JEWERS, J., of the Manitoba Surrogate Court of the Eastern Judicial District.
The decision of JEWERS, J., was delivered on January 8, 1980:
