Mussen v. Crown Trust Company

Mussen v. Crown Trust Company

Because the executors took reasonable precautions and acted in good faith, the appellant failed to prove fraud or reckless administration; under Quebec law the proper remedy for a dissatisfied heir is an accounting or réformation de compte covering the whole administration and executors must be sued in their capacity as executors, not personally; accordingly the appellant's personal-action claims for a specific payment must be dismissed.

Citation
[1943] SCR 460
Parties
Appellant / Heir / Plaintiff: Dame Mary Eddeline Mussen; Respondent / Executor: Crown Trust Company; Respondent / Executor: W. H. Clarendon Mussen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 May 1942
Procedural Posture
Appeal From Court of King's Bench, Province of Quebec / On Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs
Legal Topics
Executors' Liability, Accounting by Executors, Réformation De Compte, Heir's Remedies, Personal Liability of Executors
Source Language
English
Estates Trusts Succession Civil Procedure Executors' Liability Accounting by Executors Réformation De Compte Heir's Remedies +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dame Mary Eddeline Mussen

Appellant / Heir / Plaintiff

Crown Trust Company

Respondent / Executor

W. H. Clarendon Mussen

Respondent / Executor

Procedural Posture

Appeal From Court of King's Bench, Province of Quebec / On Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether executors who took reasonable precautions can be sued personally for payments made in administration
  2. 2 Whether an heir may sue for a single alleged act of misadministration or must seek a general accounting/reformation of accounts
  3. 3 Whether the payments to Mussens Limited were fraudulent or the result of reckless administration

Ratio Decidendi

Because the executors took reasonable precautions and acted in good faith, the appellant failed to prove fraud or reckless administration; under Quebec law the proper remedy for a dissatisfied heir is an accounting or réformation de compte covering the whole administration and executors must be sued in their capacity as executors, not personally; accordingly the appellant's personal-action claims for a specific payment must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Rights of appellant to seek correction of the $1,000 item reserved