Ellman v. Hammond

The executrix contends that her account should not be surcharged with the items embezzled by, or which she paid to, her attorney.

Whether these items may be surcharged on her account depends upon whether the executrix acted in reference thereto within the scope of her powers, with good faith and ordinary prudence, that is, with the same prudence and discretion that a prudent person, under like circumstances, is accustomed to exercise in such person’s own affairs: Douglass v. Stephenson, 75 Va. 747.

The necessity of employing agents and attorneys in the collection of assets involves the risk of…