California Supreme Court, 1877

In re Estate of Taylor

In re Estate of Taylor
California Supreme Court · Decided July 1, 1877
52 Cal. 477

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.