Powell v. Hurt
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) The prevailing rule in the state’ is that executors and administrators stand in the position of trustees-to those interested in the estate upon which they administer, and are liable only for want of due care and skill, and that the measure of care and skill required of them is that which prudent men exercise in the direction of their own affairs.
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Certified from Kansas City Court of Appeals. (1) The prevailing rule in the state’ is that executors and administrators stand in the position of trustees-to those interested in the estate upon which they administer, and are liable only for want of due care and skill, and that the measure of care and skill required of them is that which prudent men exercise in the direction of their own affairs. And when the executor acts prudently in good faith for what he deems for the best interest of the estate he is not liable, though it may turn out afterwards he was mistaken in judgment, Merritt v.…
1Opinion of the CourtGantt, J.
This is an appeal from the final judgment of the defendants, Peyton T. Hurt and William R. Powell, as executors of the last will and testament of Henry A. Powell, deceased. Henry A. Powell resided in Macon county, Missouri. By his will, duly probated in said county, he appointed his son, Wm. R. Powell, and Peyton T. Hurt, his executors. The estate was large, amounting to something like $40,000.
On the final settlement in the probate court, the executors asked credit for a note of $1,000, given by C. H. Benedict, J. B. Malone and R. A. Malone, on -che ground 'that the makers were insolvent at…
2Cases cited10 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
- Clyce v. AndersonSupreme Court of Missouri · 1871
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3Cited by2 opinions
- Covey v. PierceMissouri Court of Appeals · 1935
- Hennies v. KeithlyMissouri Court of Appeals · 1923