Heirs apply to remove Halifax mayor as will executor

Five heirs to an estate for which Halifax Mayor Peter Kelly is executor have filed an application to have him removed, court documents show.

Kelly is the executor and trustee of the estate of Mary Thibeault, who died in 2004. The estate was valued at more than $500,000.

In the affidavit filed Monday to remove Kelly as executor,the beneficiaries detail concerns about Kelly's accounting of the estate, and his continued procrastination.

In the list of reasons why they want Kelly removed, they itemize numerous cheques to Kelly and his son, together worth about $180,000.

In their affadavit the five allege that "Peter Kelly has not acted in the best interests of the estate and his continual procrastination is going to make it next to impossible for true accounting of the estate."

The beneficiaries are also asking the court to do whatever it can to prevent the destruction of bank records they believe are critical to settling the estate.

Payments received

This comes as two beneficiaries confirmed today they received payments from the estate of Mary Thibeault.

TheCanadian National Instituteof the Blindreceived an interim installment of the approximately $50,000 it was due, according to Catherine Kierans, manager of communications.

The Heart and Stroke Foundation also confirmed it received its interim installment from the estate, from which it was owed five per cent, according to a spokesperson.

The paymentthey received is an estimate of that amount, and once everything is settled, they could receive more depending on final monies available.

The Heart and Stroke Foundation wouldn't say how much it is owed.

The Canadian Cancer Society and the Canadian Diabetes Assocations wouldn't comment to CBC News on whether they received payments, citing privacy rules.

The application was filed on June 18. It will be heardSept. 19.

Mary Thibeault died in 2004 and Kelly was named the executor and trustee of her estate, which isvalued at more than $500,000.

News reports of thedelays in the estate's settlementalerted the CNIB that it was owed the money.

Kelly wouldn't comment on the latest development in the estate, because it's in the hands of lawyers, he said.

It isn't known if the other 16 beneficiaries have received their shares.