6 Jun 2012
CRICK V MCILRAITH HC TIM CIV-2011-476-000690
- Citation
- openlaw-9c3f6cf4_f742_4f13_9c93_5f2041626eeb.pdf
- Court
- High Court
The Court removed Robert Bruce McIlraith because his acceptance of administration was inconsistent with the spirit of the 2006 consent order and his removal was expedient to preserve beneficiaries' welfare and reduce family hostility; the Court refused to remove James Wallace because the testatrix validly appointed him, there was no cogent evidence of misconduct or conflict sufficient to justify removal, and the exercise of the wide discretionary jurisdiction was inappropriate on summary judgment.