Estate of STEVE G. BARBIKAS, Deceased. VYTINA SOCIETY, Appellant, v. BESSIE BARBIKAS PHILLIPS, as Executrix, etc., et al., Respondents
171 Cal. App. 2d 452 · 18021
California Court of Appeal · Filed
Published · citable
Cites 4
Holding
The court held that an executor or administrator is not absolutely liable for the embezzlement of estate funds by an attorney they employed, provided they exercised the degree of prudence and diligence in the attorney's selection and subsequent supervision that a person of ordinary judgment would bestow upon their own affairs of a like nature.
Statutes construed
- CIV § 730.15
- PROB § 920
Authorities cited (4)
- Estate of ISABELLA J. SCHIFFMANN, Deceased. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Executor, etc., Petitioner and Respondent, v. R. J. SCHIFFMANN, Appellant; RUDOLPH JACQUES SCHIFFMANN et al., Legatees and Respondents 86 Cal.App.2d 638
- In the Matter of the Estate of BENIGNO BARREIRO, Deceased. MARIA TERESA BARREIRO et al., Respondents, v. BANK OF ITALY NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), as Executor, etc., Appellant 125 Cal.App. 752
- Highfield v. Bozio 188 Cal. 727
- Estate of HARRY G. BUCHMAN, Deceased. CLAIRE MORSE, Respondent, v. HAMLIN K. BUCHMAN, as Executor, etc., Appellant 123 Cal.App.2d 546