Courtney v. Daly Bank & Trust Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. In the matter of tbe. estate of Thomas E. Courtney, deceased. From an order revoking letters testamentary granted to Dennis C. Courtney, and from an order settling the semiannual account of'said Courtney, he appeals. Letters testamentary will not be revoked because of any error-of judgment on a doubtful question or mistake of the executor as to his legal rights. (Sparrow’s Succession, 39 La.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. In the matter of tbe. estate of Thomas E. Courtney, deceased. From an order revoking letters testamentary granted to Dennis C. Courtney, and from an order settling the semiannual account of'said Courtney, he appeals. Letters testamentary will not be revoked because of any error-of judgment on a doubtful question or mistake of the executor as to his legal rights. (Sparrow’s Succession, 39 La. Ann. 696; Gray’s Estate, 4 Kulp (Pa.) 157.) Acts done in good faith under advice of counsel do not furnish grounds for revoking…
1Opinion of the Court
MR. JUSTICE MILBÜRN
delivered the opinion of the court.
This matter is before us on appeal from an order of the district court revoking the letters testamentary one time issued to the appellant in the matter of the last will and testament of Thomas E. Courtney, deceased, and from the order made on the 1st day of December, 1903, settling the semi-annual account of the said executor. Objections having been made by the respondent, the Daly Bank & Trust Company, to the report and account of the executor, the matter was referred to a referee, who made his report and recommendations. These were…
2Cases cited1 opinion
- Murphy v. PattersonMontana Supreme Court · 1901
3Cited by3 opinions
- In Re Jennings' EstateMontana Supreme Court · 1925
- Estate of Held, Superior Court of California, County of San Francisco1884
- Woods v. WoodsMontana Supreme Court · 1925