- Parties: The plaintiff was Annie Elizabeth Anderson, executrix of the estate of Sydney Carroll (also the applicant in this case). The defendants were Patricia O’Brien, Karmen Rae Kingsley a.k.a. Carmen Gozdan, Judyth Carmen Fry a.k.a. Judyth Carmen Honicke, Aiden Fry, and Mark Fry. 

- Subject Matter: This application concerned the proper interpretation of two specific gifts in the deceased’s last will and testament dated Feb. 8, 2006. The first gift (in paragraph III(d)(ii)) concerned a trust created to assist with the care and maintenance of the deceased’s dogs. The second gift (in paragraph III(d)(iv)) concerned an amount to have been provided to Carmen Gozdan to permit her to travel to Victoria to attend and sing at the deceased’s celebration of life. 

- Ruling: The court dismissed the relief sought by the plaintiff. The court declared paragraph III(d)(ii) of the will not conditional, not lapsed, and providing a $40,000 cash legacy to defendant Patricia O’Brien. The court also declared paragraph III(d)(iv) of the will conditional and lapsed because Gozdan was living in Victoria at the time of the deceased’s death. The court held that the value of the lapsed gift formed part of the estate’s residue. 

- Date: The court released its decision on Feb. 5, 2025. 

- Venue: This was a case before the Supreme Court of British Columbia. 

- Amount: The court ordered the estate to pay the costs of both the plaintiff and O’Brien at Scale C.