2015 QCCS 2848, 2015 QCCS 2848

Howard (Estate of) 2015 QCCS 2848 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-14-047155-155 DATE: June 23 , 2015 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE MARTIN CASTONGUAY, J.S.C. ______________________________________________________________________ In the matter of the Estate of the late Katharine Howard (née Stevenson)

JOAN HOWARD , in her capacity as Liquidator and Trustee of the Estate of the late Katharine Howard -and- ROSS GORDON HOWARD , in his capacity as Liquidator and Trustee of the Estate of the late Katharine Howard -and- BRUCE GORDON HOWARD , in his capacity as Liquidator and Trustee of the Estate of the late Katharine Howard -and- LANCE STEVENSON HOWARD , in his capacity as Liquidator and Trustee of the Estate of the late Katharine Howard Applicants -and- COLIN BRADY -and- CINDY BRADY -and- PHILIP HOWARD -and- ALEXANDRA HOWARD -and- VERONICA HOWARD -and- KATHARINE HOWARD -and- MICHAEL HOWARD -and- NATHAN HOWARD -and- FRANÇOIS L.

MORIN Mis en cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] THE COURT , upon the application to appoint a trustee and to modify the terms of a trust brought by the Applicants in the present case; [ 2 ] CONSIDERING the Last Will and Testament of the late Katharine Howard executed on May 3, 1999 before Mtre. Guy Lussier, Notary, under number 13,417 of his Minutes;

[ 3 ] CONSIDERING the whole of the evidence and submissions in the name of the Applicants, and the absence of opposition; [ 4 ] CONSIDERING articles 1275, 1277 & 1294 CCQ; FOR THESE REASONS, RENDERS the following judgment: [ 5 ] GRANTS the Applicants’ Motion to Appoint a Trustee and to Modify the Terms of a Trust; [ 6 ] APPOINTs François L. Morin as Trustee of the Estate of the late Katharine Howard (née Stevenson), with all of the powers set out in the Last Will and Testament of the Deceased dated May 3, 1999, and those provided by law; [ 7 ] MODIFIES the terms of

ARTICLE EIGHTH of the Will to read as follows: [ 8 ] In the event of any vacancy occurring among my individual Liquidators and Trustees through refusal to act, resignation, death or incapacity of acting which brings the number in office to less than three (3), my remaining Trustees and Liquidators shall appoint a third, or a second and a third, as the case may be. In the event of the refusal to act, resignation, death or incapacity of the Trustee who is not a beneficiary of the Trust, my remaining Trustees shall appoint a replacement.

Any and all appointments shall be by writing under private signature without petition to the Courts to this end. My Trustees and Liquidators shall be bound to obtain and follow the advice of the majority of such of my heirs and beneficiaries as are of full age, and have a continuing interest in my Estate at the time the occasion may arise. [ 9 ] THE WHOLE , without costs. __________________________________ MARTIN CASTONGUAY, J.S.C.