De La Guerra v. Packard
California Supreme Court
Appeal from the Second District. In April, 1849, Cesario Lataillade died, intestate, at Santa Barbara, California, leaving a widow and infant children. José de la Guerra, his father-in-law, took possession of his papers and assets, and undertook to settle his affairs.
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Appeal from the Second District. In April, 1849, Cesario Lataillade died, intestate, at Santa Barbara, California, leaving a widow and infant children. José de la Guerra, his father-in-law, took possession of his papers and assets, and undertook to settle his affairs. At different periods between July, 1849, and November, 1850, said José de la Guerra received money and gold dust belonging to the estate of Lataillade, in all $5,649.50. At different periods, also, between Lataillade’s death and 1853, said José de la Guerra paid to creditors of the estate, and in taxes and other items, for the…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
There is nothing in this case, so far as it is governed by the rules of the common law, to distinguish it from the ordinary case of an executor de son tort. Such an executor is regarded by the common law as an intermeddler and a wrong-doer. He has no rights, and payments made by him over and above the value of the assets which come into his hands are entirely voluntary. He cannot by such payments place himself in the position of a creditor of the estate. We are not called upon to determine how far the common law rules upon this subject have been changed by the…
2Cases cited1 opinion
- Hardy v. ThomasMississippi Supreme Court · 1852
3Cited by9 opinions
- Coppinger v. RiceCalifornia Supreme Court · 1867
- Clabburn v. PhillipsMassachusetts Supreme Judicial Court · 1923
- McNeil v. First Congregational Soc'y of S.F.California Supreme Court · 1884
- Ryder v. CohnCalifornia Supreme Court · 1869
- People ex rel. Vantine v. SenterCalifornia Supreme Court · 1865
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