Joy v. Elton
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Willis A. Joy as administrator of the estate of Catherine L. Wording, deceased, against Tames Elton and Stillman W. McLaughlin as executors of the estate of Catherine L. Wording, and others. From a judgment in favor of. defendants, plaintiff appeals. If the same person is named as executor and also as trustee under a will, he may accept the one and decline the other.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by Willis A. Joy as administrator of the estate of Catherine L. Wording, deceased, against Tames Elton and Stillman W. McLaughlin as executors of the estate of Catherine L. Wording, and others. From a judgment in favor of. defendants, plaintiff appeals. If the same person is named as executor and also as trustee under a will, he may accept the one and decline the other. If he qualifies as executor and declines as trustee he will be chargeable as execucor until the property is properly turned over to a qualified trustee. Gary’s…
1ConcurrenceBartholomew, C. J.
I concur in the result announced in the opinion formulated by Tustice AVallin. I do not believe, and for the reasons stated by my associate, that these defendants can be heard to say that their principal held the property for which he was charged by the County Court of Grand Forks county in the capacity of testamentary trustee, and not as executor. Nor do I believe that these defendants can assail 1he final order made by said court on any grounds other than fraud, collusion, or want of jurisdiction. They do assail it in this case for want of jurisdiction of the subject-matter. We have nothing…
2Cases cited7 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Doolittle v. LewisNew York Court of Chancery · 1823
- Vroom v. Van HorneNew York Court of Chancery · 1844
- In re the Estate of OrtizCalifornia Supreme Court · 1890
- Joy v. EltonNorth Dakota Supreme Court · 1900
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