Estate of Dennett v. Barrett

The county court based its order upon the theory that the sum paid Mr. Poss was for services performed on behalf of the executors in maintaining the correctness of their account. If the court looked merely to the form of the proceeding, it might be justified in reaching this conclusion. But when the substance of the application is considered, it is clear that Mr. Hill was in reality representing the interests of himself and of his bank, and that such interests were adverse to those of the estate which it was the duty of the executors to protect. When viewed in this light it is plain that Mr.…