Joy v. Elton
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Willis A. Joy as administrator of the estate of Catherine L. Wording, deceased, against Tames Elton and Stillman W. McLaughlin as executors of the estate of Catherine L. Wording, and others. From a judgment in favor of. defendants, plaintiff appeals. If the same person is named as executor and also as trustee under a will, he may accept the one and decline the other.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by Willis A. Joy as administrator of the estate of Catherine L. Wording, deceased, against Tames Elton and Stillman W. McLaughlin as executors of the estate of Catherine L. Wording, and others. From a judgment in favor of. defendants, plaintiff appeals. If the same person is named as executor and also as trustee under a will, he may accept the one and decline the other. If he qualifies as executor and declines as trustee he will be chargeable as execucor until the property is properly turned over to a qualified trustee. Gary’s…
1Opinion of the CourtWallin, J.
This action is brought- against Stillman W. McLaughlin and his bondsmen to recover an alleged balance in the hands of said McLaughlin as executor of the last will of Catherine L. Wording, deceased. The action was tried to- a jury, and at the close of the testimony the trial court, on motion of the defendants’ counsel, directed the jury to return a verdict in favor of the defendants. Such verdict was returned, and judgment was entered thereon dismissing the action. Plaintiff appeals to this court from such judgment.
A decision of the case will involve a consideration of the following-facts,…
2Cases cited23 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Gibson v. RobinsonSupreme Court of Georgia · 1893
- Casoni v. . JeromeNew York Court of Appeals · 1874
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Bellinger v. ThompsonOregon Supreme Court · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- Fischer v. DolwigNorth Dakota Supreme Court · 1915
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- Sjoli v. HogensonNorth Dakota Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.