Legal Opinion

In Re Astibia's Estate

Montana Supreme Court

Decided June 20, 1935No. 7,407PublishedCited by 4 opinions

1Opinion of the Court

"The universal rule seems to be that `executors and administrators are not insurers, nor will they be chargeable with the loss or depreciation of the assets where they have acted in good faith and with due prudence and diligence in the case and management of the estate, but they are liable for losses which are the consequence of bad faith or the want of due prudence and diligence.' (24 C.J., p. 123.)" And it is error "to disallow credit upon any of the loans which remained uncollected without first ascertaining that the estate has or will suffer loss by reason of the transactions. In event…

2Cases cited14 opinions

  1. In re Dolenty's EstateMontana Supreme Court · 1916
  2. Gow v. MauryMontana Supreme Court · 1923
  3. In Re Connolly's EstateMontana Supreme Court · 1927
  4. In re Williams' EstateMontana Supreme Court · 1918
  5. Missoula Belt Line Ry. Co. v. SmithMontana Supreme Court · 1920

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Hofmann's EstateMontana Supreme Court · 1957
  2. Matter of Estate of CountsMontana Supreme Court · 1985
  3. Montgomery v. GilbertMontana Supreme Court · 1940
  4. Daly Bank & Trust Co. v. StateMontana Supreme Court · 1957

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