Board of Regents of the University v. Wilson

Upon the final report of the defendant in error as executor of the will of Andrew J. Macky, the plaintiff in error, as residuary legatee, sought to surcharge the executor upon his account with a large amount of interest on funds of the estate held by him. The matter was appealed from the county court to the district court of Boulder county and from a decision of the latter court disallowing nearly all of the surcharge the board of regents brings error.

The facts essential to our consideration are as follows: In June, 1907, Macky died. He left a will by which he made the defendant in error his…