In re Estate of Taylor
California Supreme Court
Appeal from the Probate Court, City and County of San Francisco. ¡Robert D. Taylor left San Francisco to go to Scotland, and arrived in the City of New York on.the 2nd day of May, 1872, sick. He was an Odd Fellow, and was taken charge of by Jacob S. Michaels, a brother Odd Fellow, and a Deputy Grand Master of the Order, who had him conveyed to the Metropolitan Hotel, where he died on the 4th of the same month. Michaels took care of Taylor while he was sick.
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Appeal from the Probate Court, City and County of San Francisco. ¡Robert D. Taylor left San Francisco to go to Scotland, and arrived in the City of New York on.the 2nd day of May, 1872, sick. He was an Odd Fellow, and was taken charge of by Jacob S. Michaels, a brother Odd Fellow, and a Deputy Grand Master of the Order, who had him conveyed to the Metropolitan Hotel, where he died on the 4th of the same month. Michaels took care of Taylor while he was sick. At his death the money and personal property which he had with him, of the value of several thousand dollars, were taken possession of by…
1Opinion of the Court
An executor is not responsible for the loss of property so long as he acts in good faith and with ordinary discretion.
A case must be proved of clear neglect of duty in order to charge him with the loss. ( Wébb v. Bellinger, 2 Desaus. Eq. 507; William v. Maitland, 1 Ired. Eq. 92; Thomas v. White et al. 8 Litt. 184-5; Schultz v. Pulver, 11 Wend. 367-374; Rowan v. Nirhpatrich, 14 111. 12-13; Whitted et al. v. Webb et al. 2 Dev. & B. Eq. 447; Next et al. v. Pouher, 1 Strob. Eq. 170; Boggs v. Adger, 4 Rich. Eq. 412; Neff’s Appeal, 57 Pa. St. 95.)
Burch & Griffiths, for the Respondents.
By the Court :
2Cited by7 opinions
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- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Vytina Society v. PhillipsCalifornia Court of Appeal · 1959
- Estate of BarbikasCalifornia Court of Appeal · 1959
- Chandler v. GuiolCalifornia Court of Appeal · 1972
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