Bloxham ex rel. Blount v. Crane

Citations

• 19 Fla. 163

Syllabus

<p>1. An executor in taking the office accepts not only all the trusts imposed by the will under which he acts, but also all the trusts in respect to the assets with which his immediate testator was charged. And an executor of a guardian is liable to a ward to account and pay over to him money due to the ward on arriving at majority which was in the hands of the guardian.</p> <p>2. Such money due to the ward is not general assets of the deceased guardian for the payment of debts and for distribution.</p> <p>3. An executor of a guardian in possession of the estate is, like the guardian, a trustee of funds of the ward which was in the custody of the guardian at the time of his death, and in a suit in behalf of the ward against the executor to recover the funds so held in trust, neither the statute of limitations nor the statute of non-claim can be pleaded in bar.</p> <p>4. A demurrer by a defendant to a bad replication to his plea does not entitle the defendant to judgment if the plea is bad.</p>