Legal Opinion

Estate of Clark

California Supreme Court

Decided July 1, 1879No. 6318PublishedCited by 9 opinions

Appeal from the Probate Court of Humboldt County. H. S. Daniels, executor of the estate of John B. Clark, deceased, petitioned the Probate Court for the settlement of his account and distribution of the estate. The devisees, through their attorney, excepted to the settlement of the account.

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Appeal from the Probate Court of Humboldt County. H. S. Daniels, executor of the estate of John B. Clark, deceased, petitioned the Probate Court for the settlement of his account and distribution of the estate. The devisees, through their attorney, excepted to the settlement of the account. The petition of the executor alleged that since July, 1866, he had not kept any separate account of the moneys of the estate, but had mingled them with his own; and during said time had used some or the greater part in his own business. That he was, during all of said time, solvent and prepared at any and…

1Opinion of the Court

By the Court, Crockett, J.:

There is no difference in principle between the present case and that of the Estate of Stott. In that case and in this, the executor mingled the trust fund with his own, and- employed it in his business. In the former case the executor was a merchant, and for a series of years used the money of the estate, mingled with his own in his business; while, in the present case, the executor was a farmer, and used the trust fund in conjunction with his own for a number of years, in conducting his farming operations. From the very nature of their transactions, it would be…

2Cited by9 opinions

  1. In re LuxCalifornia Supreme Court · 1893
  2. In Re Estate of PiercyCalifornia Supreme Court · 1914
  3. Estate of SmithCalifornia Court of Appeal · 1931
  4. Luke v. KettenbachIdaho Supreme Court · 1919
  5. In re Ricker's EstateMontana Supreme Court · 1894

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