In Re Jennings' Estate
Montana Supreme Court
1Opinion of the Court
The administrator is forbidden to engage the assets of the estate in trade or business, even to carry on, as a going concern, the business of the decedent. For him to do so is a violation of the obligation of his trust in two particulars: his duty to wind up the estate as speedily as possible, and his duty to preserve its assets intact and unimpaired by exposure to, or loss from, the risks and hazards of business or trade. (24 C.J. 55; 11 Cal. Jur. 1027; Steel v. Knox, 10 Ala. 608;Hallock v. Smith, 50 Conn. 127; Sparrow's Succession, 39 La. Ann. 696, 2 So. 501; Casner's Estate, 2 Kulp (Pa.),…
2Cases cited44 opinions
- In re Dolenty's EstateMontana Supreme Court · 1916
- In re RoseCalifornia Supreme Court · 1889
- In Re Connolly's EstateMontana Supreme Court · 1925
- Shields v. PauwelynMontana Supreme Court · 1905
- Ward v. TinkhamMichigan Supreme Court · 1887
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3Cited by35 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1942
- Skierka v. Skierka Bros., Inc.Montana Supreme Court · 1981
- Bank of Commerce v. WilliamsWyoming Supreme Court · 1937
- Swanberg v. National Surety Co.Montana Supreme Court · 1930
- State ex rel. Adamson v. District Court of the Fourth Judicial DistrictMontana Supreme Court · 1955
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