Wentzel v. Chesley

Citations

• 18 Ohio C.C. Dec. 192
• 7 Ohio C.C. (n.s.) 181

Syllabus

<p>EVIDENCE — EXECUTORS AND ADMINISTRATORS — TRUSTS.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>Executob can Maintain Action for Restitution of Assets of Trust Estate which he has Erroneously Conveyed away-, without Consideration.</p> <p>If there are no intervening equities, an executor can maintain an equitable action to have restored to the trust estate, a portion of its assets which he has, by mistake as to his authority under the will, conveyed away without consideration; and the burden of proof will be upon those endeavoring to set up facts and reasons by way of consent or estoppel why this should not be done.</p> <p>[Syllabus approved by the court.]</p>