Chaigneau v. McColgan

Citations

• 120 Cal. 458
• 52 P. 820
• 1898 Cal. LEXIS 788

Syllabus

<p>Estates of Deceased Persons—Accounts of Executor—Liability for Negligence.—An executor is chargeable not only with the assets of the estate which come into his possession, but also with those which by negligence he has failed to collect, and which it was his duty to have taken into his possession.</p> <p>Id.—Sale of Realty—Tenancy in Common—Settlement of Trust Estate. Where real estate in which the estate of a deceased widow and trustees of the children held undivided interests was sold under separate orders of the court, one of which was obtained by the executor, and the other was made in an action to terminate and settle the trust, to which the executor was not a party, it was the duty of the executor to have received and taken the share of the purchase money belonging to the estate, and the court having charge of the settlement of the trust had no power to make disposition of any other moneys than those belonging to the trust estate, and a void order of such court directing that the whole of the moneys received from the sale should be applied in cancellation of charges against the trust estate, could neither bind nor protect the executor, and he is justly chargeable in his accounts with the moneys belonging to the estate of the'deceased widow which it was his duty to secure. ■</p> <p>Id.—Authorized Expenditure—Estoppel—Stipulation—Advance to Distributee.—Treating the money paid on account of the sale of the interest Of the deceased widow by the executor as having been received and expended by him, an express authorization of its expenditure by parties in interest who were sui juris would have protected him against any future demand upon their part, though the outlay may have been irregular, -and not in the line of his duty, and any such patty would be estopped from contesting an outlay to his advantage which he had induced and sanctioned; and the effect of a stipulation by a party for whose benefit the trust was created who had become sui juris, consenting to