In re Ricker's Estate
Montana Supreme Court
Appeal from First Judicial District, Lewis and, Clarke Coumty. Action for an accounting against an executor. The cause was tried before Buck, J., who rendered a decree for petitioners. I. We admit at the outset that an executor or trustee must make no profit or gain to himself of any kind, upon or out of the funds in his hands as such executor or trustee. It is so declared in our statute, and the statute but expresses in definite words the effect of numerous decisions.
Read the full summary
Appeal from First Judicial District, Lewis and, Clarke Coumty. Action for an accounting against an executor. The cause was tried before Buck, J., who rendered a decree for petitioners. I. We admit at the outset that an executor or trustee must make no profit or gain to himself of any kind, upon or out of the funds in his hands as such executor or trustee. It is so declared in our statute, and the statute but expresses in definite words the effect of numerous decisions. Courts have sometimes enforced this rule and principle with such rigor, and at other times with such laxity, that Chancellor…
1Opinion of the CourtHarwood, J.
This proceeding was instituted in the probate department of the district court of Lewis and Clarke county, by Martha P. Ricker, petitioner, on behalf of Jesse C. Ricker, a minor heir and legatee of Joshua C. Ricker, deceased, to require an account, under the provisions of the Probate Practice Act, sections 254-70, from W. A. Chessman, executor of said estate, touching his administration, and disbursement of the property thereof.
It appears from the record that Joshua C. Ricker died on the 1st of June, 1875, a resident of Lewis and Clarke county, Montana, leaving a widow, Martha P., and four…
2Cases cited14 opinions
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- Ducie v. FordSupreme Court of the United States · 1891
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Cruce v. CruceSupreme Court of Missouri · 1884
- Munro v. CollinsSupreme Court of Missouri · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Jennings' EstateMontana Supreme Court · 1925
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
- In re Allard GuardianshipMontana Supreme Court · 1914
- Van Orden v. PittsTexas Commission of Appeals · 1918
- Reed v. TaliaferroWyoming Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.