Case's Appeal from Probate
Case's Appeal from Probate
Opinion of the Court
The precise question in this case is, whether one of two or more executors, who has accepted the trust and duly qualified, is liable to be proceeded against under the 41st section of the act relating to the settlement of estates, Gen. Statutes, p. 411. The language of the act is certainly broad enough to include every person. “ If any person shall have in his custody and possession any goods or chattels, &c., or anything that may tend to disclose such estate, and on demand of the same by the executor or administrator shall refuse to deliver them to the executor or administrator, or to give a satisfactory account, &c., the court of probate, upon the application of the executor or administrator, may cite such person to appear before said court, and may examine him on
Taking into consideration the nature of this proceeding, and the object which the legislature had in view, we think it may be fairly inferred that it was the intention of the legislature that this section should apply to co-executors as well as to other persons.
This very point seems to have been decided by this court in Beach v. Norton, 9 Conn., 182, and we have no disposition, to question the correctness of that determination, nor are we aware of any decision which weakens its authority.
We think there is no error in the judgment complained of.
In this opinion the other judges concurred.
Reference
- Full Case Name
- Elijah Case's Appeal from Probate
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- 1 case
- Status
- Published