Powell v. Hurt
Missouri Court of Appeals
Appeal from Macon. Circuit Court, Hon. Andrew Ellison, Judge. Certified to Supreme Court. The case is stated in the opinion. I. The prevailing rule in the state is that executors and.administrators stand in the position of trustees to those interested in the estate upon which they administer, and are liable only for want of due care and skill, and that the measure of care and skill required of them is that which prudent men exercise in the direction of their own affairs.
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Appeal from Macon. Circuit Court, Hon. Andrew Ellison, Judge. Certified to Supreme Court. The case is stated in the opinion. I. The prevailing rule in the state is that executors and.administrators stand in the position of trustees to those interested in the estate upon which they administer, and are liable only for want of due care and skill, and that the measure of care and skill required of them is that which prudent men exercise in the direction of their own affairs. And when the executor acts prudently in good faith for what he deems for the best interest of the estate he is not liable,…
1Opinion of the CourtEllison, J.
The defendants are the executors of the will of Henry A. Powell. The plaintiffs are a majority of his heirs. The executors on final settlement before the probate court asked credit for a note of one thousand dollars, given by C. IT. Benedict, J. B. Malone, and R. A. Malone, on the ground that it could not be collected. The probate court allowed the' credit and plaintiffs appealed to the circuit court where the credit was disallowed, and the executors appealed to this court.
The facts of the case are, that deceased died in September, 1880, leaving as a part of his property, the note in…
Also in this document: Concurrence.
2Cases cited6 opinions
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Williams v. Heirs of PettigrewSupreme Court of Missouri · 1876
- Johnston's EstateSupreme Court of Pennsylvania · 1845
- Fugitt v. NixonSupreme Court of Missouri · 1869
- Julian v. AbbottSupreme Court of Missouri · 1881
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3Cited by1 opinion
- Judson v. BennettSupreme Court of Missouri · 1911