Elliott v. Mosgrove

This is an appeal from a decree of the circuit court which allows and holds valid a claim in the sum -of $5,000, presented by the plaintiff against the estate of Thomas H. Mosgrove, deceased. The de cree is'based upon findings of fact which state that while Mosgrove was the trustee of a bequest of $5,000 he administered the fund in such a manner that he incurred the liability aforementioned.

The issues- presented by this appeal are: (1) Was Thomas H. Mosgrove the trustee of the estate which we shall shortly describe; (2) if he was, did he, in his capacity as trustee, collect $3,021.85 upon an…