Estate of Hittle v. Gagle

OPINION

By HORNBECK, J.:

This is a'n appeal on questions of law from a judgment of the Probate Court, finding the defendants not guilty under a citation pursuant to a charge against defendants “of having in their possession monies, * * * things in action, and effects of Mary E. Hittle, deceased.” Specifically, that they had secreted and embezzled two $1500.00 certificates of deposit. There was a further charge relating to two other certificates of deposit, which was abandoned on the trial of the citation.

We have been favored with the opinion of Judge Thomas, the trial judge, who concluded that…