Pike v. Markman

RAPER, Justice.

This case was commenced by a legatee (appellant) of Herbert S. Flatt against the executors (appellees) of his estate almost three full years following the final settlement of the estate. Appellant summarizes the suit as an action

“to recover damages based primarily upon a breach of fiduciary duty, negligence, malfeasance and misfeasance in the office of the executor with regard to the assets of the estate, and for an accounting towards the view of determining all of the damages suffered by appellant.”

She challenges the district court’s judgment on appeal as follows:

“A. The…