Howard v. Manning
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G-. Wallace, Judge. It is only in cases where the administrator improperly permits funds in his hands to lie idle, or uses them for his own profit, that ho is chargeable with interest. 2 Woerner, Adm. § 511; Perry, Trusts, § 468. An administrator can make payments only when so ordered by probate court. He is not required to pay out all mone3rs within ten days. Sand. & II.
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Appeal from Yell Circuit Court, Dardanelle District. Jeremiah G-. Wallace, Judge. It is only in cases where the administrator improperly permits funds in his hands to lie idle, or uses them for his own profit, that ho is chargeable with interest. 2 Woerner, Adm. § 511; Perry, Trusts, § 468. An administrator can make payments only when so ordered by probate court. He is not required to pay out all mone3rs within ten days. Sand. & II. Dig., § 154,155. If the administrator was chargeable with interest at all, it should be at the rate of 6 per cent per annum. 1 Suth. Dam. 128. The case should be…
1Opinion of the CourtHughes, J.
The appellant, as administrator of the estate of Richard Hood, deceased, filed his second annual settlement of said estate in tlie probate court of Yell county. The appellee filed exceptions thereto, which were by the court overruled, and the account was confirmed by the probate court. Manning appealed to the circuit court. After hearing part of the evidence in the case, the circuit court referred the account to an auditor to be stated, with directions to charge the administrator with ten per cent, per annum interest upon all moneys received by him as administrator, commencing ten days after…
2Cases cited5 opinions
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- Cruce v. CruceSupreme Court of Missouri · 1884
- Hook v. PayneSupreme Court of the United States · 1872
- Frost v. WinstonSupreme Court of Missouri · 1862
- Price v. PetersonSupreme Court of Arkansas · 1882
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