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The Court observes, although it is not determinative, the benefit to the estate of the Percydale litigation (conducted on its behalf by Wisewoulds) appears to be outweighed by the legal fees.  It is no answer to this issue to say that the litigation was commenced and concluded with judicial approval.  Judicial approval did not run to the amount of legal fees to be incurred. That was the responsibility of the executor to oversee.

Per Ierodiaconou AsJ in Re will and estate of Macleod [2017] VSC 67 at para 77

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