Atterberry v. McDuffee
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andbew Ellison, Judge. Statement of case by the court. This controversy grows out of objections made, by heirs to certain credits asked by an executor in his final settlement.
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Appeal from Macon Circuit Court, Hon. Andbew Ellison, Judge. Statement of case by the court. This controversy grows out of objections made, by heirs to certain credits asked by an executor in his final settlement. The credits are stated as follows: “This executor claims the following additional credits occasioned by loss of money deposited in Macon Savings Bank in the ordinary course of business, for safe keeping, and convenience in use, said bank at said time being in good repute for solvency, and fully trusted and used by the general community: March, 1881—-By- amount deposited in said…
1Opinion of the CourtPhilips, P. J.
No question can properly arise on this record as to any misappropriation or application of the money in controversy by the executor. He never used it in his own business, nor mingled it with his individual money or estate. It was his duty to have the money in position to meet any debts, or the order of the probate court for distribution or other purpose. His evidence, and that of the probate judge, shows that he kept himself under the direction and advice of the probate judge. His sole accountability, therefore, turns upon the question of his vigilance and care in the custody of the fund. In…
2Cases cited6 opinions
- Morrill v. RaymondSupreme Court of Kansas · 1882
- State ex rel. Townshend v. MeagherSupreme Court of Missouri · 1869
- Fudge v. DurnSupreme Court of Missouri · 1873
- Parsley's Adm'r v. MartinSupreme Court of Virginia · 1883
- Utley v. TolfreeSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Chancellor v. ChancellorSupreme Court of Alabama · 1912
- Estate of Horner v. HornerMissouri Court of Appeals · 1896