Estate of Graber

Citations

• 2 Coffey 345

Syllabus

<p>Inventory—Time for Filing.—The statute prescribing the time within which the inventory and appraisement of an estate of a decedent must be filed is directory merely.</p> <p>Inventory—Revocation of Letters for Failure to File.—The statutory authority of a court to revoke letters testamentary or of administration, in case the executor or administrator fails to return an inventory within a prescribed time, is discretionary.</p> <p>Inventory—Time for Filing.—An executor should file an inventory at the earliest moment possible, and if other property subsequently comes to his knowledge, he should file supplemental inventories from time to time; it is, however, the application of the law to a particular state of facts that makes a case, and each case must find its justification or exculpation in these peculiar facts.</p> <p>Executor.—The Removal of an Executor Requires a Stronger Case than removal of an administrator.</p> <p>Executor—Removal for Failure to File Inventory.—A court will not remove executors for failure to file an inventory within the precise time prescribed by statute, when their dereliction arises because of the negligence of their counsel.</p>