Reference

Full Case Name

Hoffer's Estate. Earnest's Appeal

Cited By

6 cases

Status

Published

Syllabus

Title of executor to notes against testator — Evidence. An executor who is the payee of the note of his decedent'which is overdue at the time of decedent’s death, must show clearly that he held the note by a title hostile to that oí decedent. This he may do by showing that the note was in the custody of his wife immediately after decedent’s death. Evidence — .Decedents' estates — Witness. A wife may testify to a fact existing or an act occurring after the decedent’s death, where her husband is the claimant, although the evidence may in its effect tend to prove that the same fact existed prior to decedent’s death. Executor’s commissions — Mistake in account. A mere mistake in claiming a credit in an account, where there is no fraudulent intent, will not deprive an executor of his commissions. The commissions of an executor cannot be calculated in part upon his own debt to the estate. Costs of audit on exception and distribution. Where an auditor is appointed on exceptions to an executor’s account, and on distribution, and the exceptions to the account are sustained, it is proper to place part of the costs on the estate.