McGregor v. Hooper

Citations

• 76 Wash. 72
• 135 P. 813
• 1913 Wash. LEXIS 1789

Syllabus

<p>Executors and Administrators — Removal — Nonintervention Will — Discharge of Trust. Where the only property held in trust by executors under a nonintervention will was certain shares of stock in a corporation, bequeathed to specified legatees or charged with the payment of specific legacies, and the shares were sold for full value under a power of sale in the will and the proceeds safely invested in interest bearing securities, maturing when the legacies were payable, the estate is fully administered; and the executors cannot be removed, under Rem. & Bal. Code, § 1444, for failure to faithfully discharge their trust, on petition of a legatee who did not demand his legacy and the proceeds of his stock, but merely sought to question the subsequent dealings of the executors with the corporation, which were purely personal transactions in no way affecting the conditions of the trust.</p> <p>Same — Discharge of Trust — Failure to Give Notice to Creditors. The failure of executors under a nonintervention will to give notice to creditors or obtain a decree of solvency, is an irregularity only, and not ground for their removal, where there were no creditors, the estate was solvent, and the trust had been faithfully discharged.</p>