Davenport v. Sandeman

Plaintiff--appellee is the duly qualified- and acting executor of the estate of one John Frederick, deceased. The defendant-appellant classifies as an executrix de son tort under the common law and also under the statute. 11 Ruling Case Law 456, Section 562; Section 12059, Code of 1924.

This action was commenced in equity and is in the nature of an accounting. It is apparent that the trial co-urt turned the case on the technical legal right of the plaintiff to the possession of the property of the estate of the testator, John Frederick. As a naked legal principle, this proposition may be…