Metro/Jeff Harper One of the applicants against Peter Kelly, Elizabeth Herritt, left, and Kelly's lawyer Bianca Kreuger leave probate court on Wednesday morning.

Mayor Peter Kelly has agreed to step down as executor of a deceased woman’s estate, whose heirs allege he took nearly $150,000.

Judge Peter Ronsinski approved the order Wednesday morning during a brief hearing at Nova Scotia’s probate court in Halifax to have Kelly removed as executor of Mary Thibeault’s estate.

Kelly was not in court, but lawyer Bianca Kreuger said that he agreed to give up the role.

One of the applicants in the case, Elizabeth Herritt, will take over the administration of the estate, the court heard.

As part of the order, Kelly must give details of his time as executor and provide a full accounting of the estate’s activities by Oct. 1.

Kelly has also been ordered to meet with the probate court registrar for a formal review of his time as executor by Jan. 15.

Several of the estate’s beneficiaries had petitioned the court to have him removed. In documents filed in June, the applicants outlined their concerns about Kelly’s accounting of the estate and his procrastination.

“We believe that Peter Kelly has not acted in the best interest of the estate and his lack of effort on his part shows disrespect for Mary E. Thibeault’s final wishes,” the filing said.

Thibeault died more than seven years ago.

Kelly’s role as executor of the estate made headlines after The Coast revealed Kelly made out cheques to himself and his son totaling about $145,000.

Shortly after the story was published in February, Kelly announced he would not run for re-election in October.

Kelly has repeatedly refused to comment on the matter publicly, saying it was personal. In an email to him Wednesday, Kelly said he would not be commenting because the matter is before courts.

The other applicants in the case are Gregory Oldfield, Catherine Ivany, Raymond Ivany, Phyllis Brunt, Sharon Mahoney and Peter Halleran. Herritt wouldn’t speak to the media after leaving the courtroom.

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