In re the Estate of Hagerty

Citations

• 105 Wash. 547
• 178 P. 644
• 1919 Wash. LEXIS 993

Syllabus

<p>Executors and Administrators (169)—Settlement of Account Effect—Conclusiveness. Tbe settlement of the final account of executors fixing their compensation by an order that was a final judicial determination of the amount on hand under their joint control is not per se conclusive as to their joint liability for the future acts of one of them, resulting in loss of a portion of the property.</p> <p>Same (47)—Joint or Several Liability—Acts of Coexecutor. An executor is not liable for the acts or defaults of his coexecutor unless he has aided, concurred in, or contributed thereto; and an executor will not be held negligent in allowing his coexecutor to so deposit funds in a bank that he could draw them out, where the testator had expressed confidence in the executors, who were to act without bond, and where he was led to believe that it required their joint check to withdraw the funds, and such had been their practice over a long term of years.</p> <p>Same—Failure to Invest Funds—Interest. It is not an abuse of discretion to refuse to charge an executor with interest upon funds remaining in'his hands from the time of the settlement of his account until the settlement of a supplemental final account pending an appeal, where it could not be foreseen how long it would be and the funds did not earn interest.</p>