Commentaries on the Law of Wills; Embracing Execution, Interpretation and Administration, Including Those Rules of Real Property and Principles of Equity Which Effect Testamentary Dispositions, with Full References to American Volume 3

Commentaries on the Law of Wills; Embracing Execution, Interpretation and Administration, Including Those Rules of Real Property and Principles of Equity Which Effect Testamentary Dispositions, with Full References to American Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... of the personal representative for failure to file an inventory within the prescribed time, there is discretion reposed in the court either to remove or to refuse to remove him; and if the failure to file the inventory as prescribed by statute was the result only of mere inadvertence and for 82 In re Hooper's Estate, 76 Wash. 72, 135 Pac. 813. The fact that executors refuse to act in their capacity as executors ln the presence of a person in no wise related to the ofllce, and whose conduct toward them is unduly oiifensive, is no ground 84 Estate of Healy, 137 Cal. 474, 70 Pac. 455; Farnsworth v. Hatch, 47 Utah 62, 151 Pac. 537. The power of a court which anpoints an administrator, to remove him for misconduct is subject to a sound legal discretion, and' for removal.----In re Waterman's Estate, 112 App. Div. (N. Y.) 313, 98 N. Y. Supp. 583. 33 Pfefferle v. Herr, 75 N. J. Eq. 219, 138 Am. St. Rep. 518, 71 Atl. 689. where the misconduct and want of integrity has been judicially established, it is an abuse of discretion for the court to refuse to remove hlm.--Farnsworth v. Hatch, 47 Utah 62, 151 Pac. 537. getfulness and not of intentional neglect, the refusal to revoke the letters of the representative is not an abuse of discretion.85 Where proceedings are instituted to remove the personal representative for misappropriation of assets of the estate, the court need not necessarily determine the truth of the charge. If evidence is produced tending to show that the charge may be true and if it appears to the court that some representative should be appointed to investigate the charges, the court is justified in revoking the letters of the first appointee." 1543. The Same Subject: Generally the Rule Applies Alike to Executors...show more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236818504
  • 9781236818508