Harding v. Canfield
Supreme Court of Minnesota
Appeal by Myra Harding, residuary legatee under the will of Sarah A. Peck, deceased, from a judgment of the district court for Goodhue county, entered pursuant to findings and order by Crosby, J., reversing a decree of the probate court for Goodhue county which directed E. V. Canfield, executor of the estate of said testate, to pay said Myra Harding $448.10. It was error to permit the executor to testify as to his belief in the solvency of the bank, and as to whether he…
Read the full summary
Appeal by Myra Harding, residuary legatee under the will of Sarah A. Peck, deceased, from a judgment of the district court for Goodhue county, entered pursuant to findings and order by Crosby, J., reversing a decree of the probate court for Goodhue county which directed E. V. Canfield, executor of the estate of said testate, to pay said Myra Harding $448.10. It was error to permit the executor to testify as to his belief in the solvency of the bank, and as to whether he handled the funds of the estate just as carefully as he handled his own. Such evidence is merely opinion evidence. 2 Jones,…
1Opinion of the Court
START, O. J.
The respondent is the executor of the last will of Sarah A. Peck, deceased, and the appellant is her residuary legatee. On December 31, 1896, the probate court in and for Goodhue county settled the final account of the respondent as such executor, and disallowed a credit item therein of $448.10. This amount had been deposited in the Bank of Zumbrota, which afterwards became insolvent. The disallowance of the item left a balance due from the executor of $448.10, which was ordered to be paid to the appellant. The respondent appealed to the district court from so much of the order of…
2Cited by8 opinions
- Bank of Crab Orchard v. MyersNebraska Supreme Court · 1930
- Gross v. ButlerCourt of Appeals of Georgia · 1934
- In Re Mullen's EstateMontana Supreme Court · 1934
- In Re Estate of JankeSupreme Court of Minnesota · 1935
- In Re Welch's EstateMontana Supreme Court · 1935
3 more not listed; retrieve them via the Exa API.