Spaulding v. Wakefield's Estate
Supreme Court of Vermont
Heard at the September Term, 1880, Veazey, J., presiding. The court rendered judgment, pro forma, on the report in favor of the estate ' for $1522.79. The commissioner found, among other facts: Mrs. Wakefield had, at thejtime of her decease, U. S. 5-20 government bonds of the issue of 1867, representing at their face value three thousand eight hundred dollars, on deposit at the First National Bank of Brattleboro.
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Heard at the September Term, 1880, Veazey, J., presiding. The court rendered judgment, pro forma, on the report in favor of the estate ' for $1522.79. The commissioner found, among other facts: Mrs. Wakefield had, at thejtime of her decease, U. S. 5-20 government bonds of the issue of 1867, representing at their face value three thousand eight hundred dollars, on deposit at the First National Bank of Brattleboro. The appraisers appointed by the Probate Court, upon Mrs. Wakefield’s estate, appraised said bonds at their face value. The executor was told by the Judge of the Probate Court that it…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
It is well settled that the measure of care and diligence which an executor or administrator is bound to bring to the management and closing of the estate, is that which a prudent man would exercise under like circumstances. However much of good faith and honest intention he may exercise in the discharge of his trust duties, unless he also exercises this degree of care and diligence, and the estate suffers from the lack of it, he is bound to make the loss good to the estate. Measured by this standard, we think, the delivery of a $1000 U. S.…
2Cases cited1 opinion
- Farwell v. SteenSupreme Court of Vermont · 1874
3Cited by6 opinions
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Walton v. Estate of HallSupreme Court of Vermont · 1894
- Davis v. EastmanSupreme Court of Vermont · 1896
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918
- Walworth's Estate v. Bartholomew's EstateSupreme Court of Vermont · 1903
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