Russell v. Davison

BAILEY, Special Justice

(concurring in the conclusion). The majority opinion holds that all of the contentions herein resolve themselves into the one question of whether or not delivery of a legacy may be made by an executor prior to a decree of distribution. I am not in accord with that view. That an executor may do so, subject to the rights of creditors, and in the absence of other intervening factors, I think is correct as an abstract principle. Certainly, according to equitable principles, where the bare facts are that the legacy is delivered to the legatee by the executor prematurely and…