In re Rodgers' Estate
Montana Supreme Court
Appeal from District Court, Prairie County; Stanley E. Felt, Judge. From a Decree settling the final account of E. W. Thomas, executor of the estate of Patrick Rodgers, deceased, William Rodgers and wife appeal. The trial court adopted the novel theory that an executor could use the trust funds for himself and for his own business if it was not shown he made a profit on the investment.
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Appeal from District Court, Prairie County; Stanley E. Felt, Judge. From a Decree settling the final account of E. W. Thomas, executor of the estate of Patrick Rodgers, deceased, William Rodgers and wife appeal. The trial court adopted the novel theory that an executor could use the trust funds for himself and for his own business if it was not shown he made a profit on the investment. Thomas violated the provisions of sections 7888 and 7889, Revised Codes of 1921, and should be required to pay interest. The following authorities approved by or in line with In re Ealcins’ Estate (Mont.), 208…
1Opinion of the CourtJustice Stark
For a number of years prior to September 18, 1917, Patrick Rodgers was a resident of Prairie county, and at least a portion of the time was employed by one E'. W. Thomas, who was extensively engaged in the cattle 'business in Eastern Montana. Rodgers appears to have been thrifty, for he had accumulated some sixty head of cattle, which were run with the 'Thomas herds.
On the date above mentioned, Rodgers entered the military service of the United States by voluntary enlistment, and on the same day made a will in which he left all of his property to his aged father and mother, who lived in…
2Cases cited5 opinions
- Morrow v. BarkerCalifornia Supreme Court · 1897
- In re Eakins' Estate v. EakinsMontana Supreme Court · 1922
- In re the Estate of HildebrandtCalifornia Supreme Court · 1891
- Ex Parte GordanCalifornia Supreme Court · 1891
- In Re Estate LongCalifornia Court of Appeal · 1909
3Cited by9 opinions
- In Re Jennings' EstateMontana Supreme Court · 1925
- In Re Connolly's EstateMontana Supreme Court · 1925
- Latham v. McClennyArizona Supreme Court · 1930
- Baker National Bank v. HendersonMontana Supreme Court · 1968
- Tucker v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1926
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