ESTATE OF JAMES E. HARVEY, Deceased. ANNIE B. HARVEY, as Administratrix etc., et al., Plaintiffs and Appellants, v. JESSE M. HARVEY, as Executor, etc., et al., Defendants and Respondents

224 Cal. App. 2d 555 ·

California Court of Appeal · Filed February 11, 1964

Published · citable Cited by 1

Holding

The court held that a removed executor who commingled estate funds with his own and whose negligence caused the estate to incur tax penalties and interest was presumptively liable for those losses and for interest on the misused funds, reversing the probate court’s order for failure to apply these legal presumptions correctly.

Statutes construed

CCP § 1021
CCP § 1963
CIV § 2261
PROB § 554

Cited by (1)

Estate of JOHN CAMERON DAVIS, Deceased. MARILYN DAVIS, as Administratrix, etc., Petitioner and Respondent, v. TORD NORBERG et al., Objectors and Appellants; HIGHLANDS INSURANCE COMPANY, Real Party in Interest and Respondent (1990) 219 Cal. App. 3d 663