Woodbury v. Schofield

The opinion of the court was delivered by

Harvey, J.:

This is an appeal by an executor from an order of the probate court, which was affirmed, with a modification not now important, by the district court on appeal, requiring the executor to pay over to his successor a sum representing the money or value of certain property which was, or should have been, in his hands as executor. The legal question presented is whether there is evidence sufficient to sustain the judgment and order of the court below based upon the lack of good faith of the executor in handling the funds of the estate.

The appeal…