In re Estate of Taylor

California Supreme Court
In re Estate of Taylor, 52 Cal. 477 (Cal. 1877)

In re Estate of Taylor

Opinion of the Court

An executor is not responsible for the loss of property so long as he acts in good faith and with ordinary discretion.

A case must be proved of clear neglect of duty in order to charge him with the loss. ( Wébb v. Bellinger, 2 Desaus. Eq. 507; William v. Maitland, 1 Ired. Eq. 92; Thomas v. White et al. 8 Litt. 184-5; Schultz v. Pulver, 11 Wend. 367-374; Rowan v. Nirhpatrich, 14 111. 12-13; Whitted et al. v. Webb et al. 2 Dev. & B. Eq. 447; Next et al. v. Pouher, 1 Strob. Eq. 170; Boggs v. Adger, 4 Rich. Eq. 412; Neff’s Appeal, 57 Pa. St. 95.)

Burch & Griffiths, for the Respondents.

By the Court :

The appellants, executors of Taylor, were not, under the circumstances here appearing, justly chargeable with the three hundred and ninety-four dollars lost through the death and insolvency of Michaels in New York.

Cause remanded, with directions to modify the orders accordingly. Remittitur forthwith.

Reference

Full Case Name
In the Matter of the Estate of ROBERT D. TAYLOR
Cited By
7 cases
Status
Published
Syllabus
.Accoumts of Executors.—If executors exercise their best judgment in employing an agent abroad to receive and forward to them money belonging to the estate, and employ one who is well recommended to them, they are not chargeable in the settlement of their account with money lost by the inolvency of the agent.