Miller v. Stephen, (1919) 59 SCR 690

Supreme Court of Canada

Miller v. Stephen, (1919) 59 S.C.R. 690

Date: 1919-02-17

Miller v. Stephen.

1919: February 14; 1919: February 17.

Present: Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA.

Trustees—Remuneration—Estate—Disbursement.

APPEAL from a judgment of the Court of Appeal for British Columbia ^[1], varying the judgment of the trial court.

The appellant was appointed trustee of the estate of William Stephen, deceased. The court, upon application, settled an allowance for administration of 5% of the gross value of the estate. On a petition by the beneficiaries upon coming of age, the appellant was discharged from trusteeship and accounts were ordered to be taken. The registrar by his report allowed two items in the accounts to which the respondent objected.

The trial judge affirmed the registrar's report, from which judgment both appellant and defendant appealed. The Court of Appeal dismissed the appellant's appeal and allowed the respondent's appeal.

The Supreme Court of Canada, after hearing counsel for the appellant and, without calling on counsel for the respondent, dismissed the appeal.

Appeal dismissed with costs.

R. Cassidy K.C. for the appellant.

Wallace Nesbitt K.C. for the respondent.