Scholen v. Guaranty Trust Co.

According to the allegations of the complaint, a will which named defendant as executor thereof was placed in the custody of defendant for safekeeping in 1927, the testator *65died in 1933, his estate was administered and distributed as an intestate estate and the administrator’s accounts were judicially settled in 1935, defendant deposited the will in a Surrogate’s Court with a renunciation of the executorship in 1937, and the will was probated and plaintiff was appointed administrator with the will annexed in 1940. By this action plaintiff seeks to recover damages which he asserts were…