Morris v. Mull

The paramount question involved in this case is: What degree of diligence is required of an executor in notifying a legatee under a will of a bequest in time to claim the same before it shall become the private property of the executor?

It is admittedly the law that the relation between an executor and the legatees and devisees in a will is that of trustee and cestui que trust, and that a fiduciary relation and obligation exist as to notice and good faith and fidelity in discharging the terms of the trust.

It is the claim of the defendant in error that he has complied with the statutory…