Calbeck v. Herrington

1. There is no misjoinder of parties defendant in a suit brought by a legatee and devisee against a person in her capacity as executrix and as an individual, for account and settlement with such legatee and devisee for her interest in the estate administered by such executrix, the executrix being a devisee under the will. The executrix in her individual capacity is a proper though not a necessary party.

2. In paragraph 8 of the petition it is alleged that the executrix collected a large amount of money from various sources, that she deposited over $11,000 in the Peoples Bank, which failed, but…