Tobey v. Miller
Supreme Judicial Court of Maine
On Exceptions. Troyer for the value of certain goods and effects belonging to the estate of the plaintiff’s intestate, alleged to have been taken by the defendant as executor de son tort.
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On Exceptions. Troyer for the value of certain goods and effects belonging to the estate of the plaintiff’s intestate, alleged to have been taken by the defendant as executor de son tort. The defendant, on the first day of the autumn term, filed an account in set-off to the amount of $279,99, in which were included expenses of the last sickness of the intestate, together with the necessary funeral charges, amounting to 4102,25. The presiding Judge instructed the jury, inter alia, that the administrator was, in this case, entitled to all the money, property and effects of his intestate, of…
1Opinion of the CourtAppletoN, C. J.
This is an action of trover. The plaintiff sues as the rightful administrator on the estate of Catherine B. Miller. The defendant interfered with the estate of the plaintiff’s intestate, and is liable as executor de son tort. He could not in this form of action file an account in set-off.
When an executor in his own wrong is sued, it is provided by R. S., 1857, c. 64, § 32, that " he shall not be allowed to retain any part of the goods or effects, except for such funeral expenses, debts of the deceased or other charges actually paid by him, as the rightful executor or administrator would have…
2Cited by3 opinions
- Shawnee Nat. Bank v. Van ZantSupreme Court of Oklahoma · 1921
- McConnell v. McConnellIllinois Supreme Court · 1880
- Roggenkamp v. RoggenkampCourt of Appeals for the Eighth Circuit · 1895