Ridenbaugh v. Burnes
U.S. Circuit Court for the District of Western Missouri
Bill in chancery brought to set aside a settlement made by the defendant as administrator of tbe estate of George Young, deceased. The defendant was appointed as such administrator, November 24, 1874, and thereupon took charge of the assets of the estate, consisting largely of notes and accounts.
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Bill in chancery brought to set aside a settlement made by the defendant as administrator of tbe estate of George Young, deceased. The defendant was appointed as such administrator, November 24, 1874, and thereupon took charge of the assets of the estate, consisting largely of notes and accounts. On the fifth of December, 1874, defendant was ordered by the probate court of Buchanan county, Missouri, under whose orders he was acting, to loan the money belonging to the estate at the highest rate of interest he could obtain. He made numerous loans, and collected in the aggregate a large sum of…
1Opinion of the CourtMcCrary, C. J.
It is insisted by counsel for defendant that complainant is estopped by the order of the probate court approving the final report óf the defendant as administrator, and discharging him from his trust. It is true, as a general proposition, that final settlements by administrators with the probate courts are to be regarded as judgments; but I'am unwilling to place them on the same footing with judgments rendered in causes litigated, and where all the parties in interest are present in court to assert and maintain their rights. An administrator acts in a fiduciary capacity. He is a trustee for…
2Cases cited2 opinions
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Byerly v. DonlinSupreme Court of Missouri · 1880