Estate of Stow

Citations

• 1 Myrick 97

Syllabus

<p>Grounds for revocation of letters.—What is maladministration.</p> <p>It is no ground for revocation of letters that executors have not filed accounts. The law is merely directory upon the subject; and there may be good reasons why the executor should withhold his accounts for a time.</p> <p>It is no ground for revocation, that debts appraised as valueless are uncollected. It is not the duty of an executor to pursue an insolvent endorser at the expense of the estate—especially, if the endorser is a corporation not apparently organized for the purpose of guarantee on notes. Such failure to litigate a doubtful claim is not ground for revocation of letters.</p> <p>Executors have no right to pay assessments upon stock shares unless they are willing to assume the risk of the shares being ivorth the assessment. Creditors or heirs may support the executor in so doing; but if he has not such guaranty, his course should be to sell the stock, if it cam be sold, as perishable.</p> <p>These are all matters to be heard on settlement of his accounts. An executor may err in judgment. That in itself is no ground for holding him liable.</p> <p>Construing sections, C. 0. P., 1522,1628.</p>