Miller v. Stephen
The Supreme Court dismissed the appeal, affirming the Court of Appeal's disallowance of the contested items in the trustee's accounts and confirming the court's discretion to regulate trustee remuneration and to disallow improper account items on discharge.
Source-derived case information.
- Citation
- (1919) 59 SCR 690
- Parties
- Appellant; Trustee of the Estate of William Stephen, Deceased: Miller; Respondent; Beneficiary/estate of William Stephen: Stephen
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 7 February 1919
- Procedural Posture
- Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
- Outcome
- Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.
- Legal Topics
- Trustee Remuneration, Accounts, Disbursement, Allowance for Administration
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miller
Appellant; Trustee of the Estate of William Stephen, Deceased
Stephen
Respondent; Beneficiary/estate of William Stephen
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Legal Issues
- 1 Whether the registrar properly allowed two items in the trustee's accounts
- 2 Whether the trustee was entitled to the previously settled 5% allowance for administration of the gross estate
- 3 Whether the court properly discharged the trustee and ordered accounts to be taken
Ratio Decidendi
The Supreme Court dismissed the appeal, affirming the Court of Appeal's disallowance of the contested items in the trustee's accounts and confirming the court's discretion to regulate trustee remuneration and to disallow improper account items on discharge.
Court Disposition
Appeal dismissed with costs; judgment of the Court of Appeal for British Columbia affirmed.
Orders
- Appeal dismissed with costs.
- Judgment of the Court of Appeal for British Columbia affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Miller v. Stephen Collection Supreme Court Judgments Date 1919-02-07 Report (1919) 59 SCR 690 Judges Davies, Louis Henry; Idington, John; Anglin, Francis Alexander; Brodeur, Louis-Philippe; Mignault, Pierre-Basile On appeal from British Columbia Subjects Trust Decision Content 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. [1] 25 B.C. Rep. 388; 40 D.L.R. 418; [1918] 2 W.W.R. 1042.