Tingle v. Cate

Deen, Presiding Judge.

1. We deal with the first five enumerations of error together. Basically, the executor’s trover actions have been based on the theory that at the moment of Mary Tingle’s death the right to possess and administer all personal property of the decedent vested in him for purposes of payment of debts and distribution to the exclusion of any considerations relating to the guardianship. The practical effect would be that gross assets, rather than net assets of the guardianship estate would be administered by the executor with a possible resulting change in the priorities of…