Thiel v. Cruikshank

In a nonjury trial, the trial court awarded plaintiffs damages in the sum of $7,000 based on defendant’s breach of his fiduciary duties as executor of the estate of Homer . H. Thiel, deceased. The case was heard upon a settled record without the taking of testimony, both parties stipulating that the trial judge should decide the case by reviewing depositions, exhibits, briefs and the probate court file. Defendant appeals as of right.

The record indicates that on August 30, 1974, defendant executor filed an inventory listing the estate’s undivided one-half interest as tenant in common in an…