Kingsbury v. Copren
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Verd Kingsbury against John V. Copren, individually and as executor of the estate of Thomas J. Higgins, deceased. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. An estate is not liable for tort or breach of contract by executor. A complaint against an estate cannot be maintained against executor individually.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Verd Kingsbury against John V. Copren, individually and as executor of the estate of Thomas J. Higgins, deceased. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. An estate is not liable for tort or breach of contract by executor. A complaint against an estate cannot be maintained against executor individually. Sterrett v. Barker, 51 Pac. 695; Van Slooten v. Dodge, 145 N.Y. 332. In the very nature of things, an administrator cannot hold possession of personal…
1Opinion of the Court
By the Court,
Sanders, J.:
The plaintiff sued the defendant individually and as administrator of the estate of Thomas J. Higgins, deceased. It appears that upon the calling of the case for trial before a jury the complaint was changed throughout to run against the defendant, individually and as executor of the estate of the said Thomas J. Higgins, deceased, to conform to the facts.
The action was one of claim and delivery for the unlawful withholding by the defendant, individually and in his executorial capacity, of a diamond ring and a diamond stick-pin, alleged -to be the property of…
2Cases cited2 opinions
- Clark v. ClarkNevada Supreme Court · 1920
- Kingsbury v. CoprenNevada Supreme Court · 1920
3Cited by7 opinions
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
- Linebarger v. DevineNevada Supreme Court · 1923
- Coppedge v. LeiserIdaho Supreme Court · 1951
- Burge v. KrugCalifornia Court of Appeal · 1958
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