...latter notifies his substitute that the agency was at an end, if the substitute acts in the agency after such notice he becomes executor de son tort. 2. An executor de son tort cannot...has done any act which makes him liable as executor de son tort, the plaintiff, having established his debt, is entitled to recover. Another feature in the case now is that Clancy was appointed...without a shadow of authority, he collected money belonging to the estate. This makes him an executor de son tort, and the remaining question is, whether the evidence of F. Child, having taken...

.... Executor de son tort — Evidence. 1. One who administers upon the estate of a fraudulent...assignee, and takes possession of the goods assigned, may, upon the death of the fraudulent assignor, be sued as executor de son tort by the creditors of the latter, and this although...be charged as an executor de son tort of his deceased principal, had been rightfully put into the possession of the property, not only as to his principal, but as to all the world...

...authority is known as an executor de son tort. The literal meaning of this term is that the person is "an executor of his own wrong." See Black's Law Dictionary, p. 448 (6th Ed. 1990). An executor de son tort is..., 93 Fla. 67, 111 So. 541 (Fla. 1927). Moreover, the estate is not liable for expenses incurred by an executor de son tort unless...conclusion is supported by section 733.309, Florida Statutes, (1997), which provides in material part: Executor de son tort. — No person shall be liable to a...

...the plaintiff that the defendant may be held as executor de son tort of his brother's estate, and hence that the statute of limitations must be applied as if he were rightfully and actually...or in the findings of the referee. (2.) An executor de son tort is one who intermeddles with the estate of a decedent after his death, and does wrongfully such acts as a.... All the estate which he had or which came into his hands came to him rightfully, and he simply became a debtor bound to account. He can no more be treated as an executor de son tort than any...

..., Justice, held, inter alia, that the plea was properly sustained since the declarations showed that the widow was not the executor, administratrix, or executor de son tort of her deceased husband...husband where declaration showed that widow was not executor, administrator, or executor de son tort of her deceased husband (Code, secs. 8166, 8243.1). FROM SHELBY...summons was issued and served only on his widow, Cecil Mary Garner, as Executrix of the estate of W.L. Garner, Jr., deceased. On this summons, the widow is sued in the declaration as Executor de son tort and...

.... CIVIL ACTION against the defendant as executor de son tort, tried before Buxton, J., at the Spring Term 1874, of UNION Superior Court. The...out on the estate she left. The object of the present action is to change the defendant as executor de son tort, to the extent of the plaintiff's debt...executor de son tort of the estate of Elizabeth Gaddy, and as such had assets to an amount of $440. The defendant opposed the motion upon the following grounds: 1. That...

...administrator who holds property of the intestate under a conveyance fraudulent and void against creditors is liable to them as an executor de son tort. 2. One who intermeddles with the...goods of a decedent may be subjected as executor de son tort, although letters of administration afterwards issue. If the administration is committed to him it entitles him to retain.... 3. But an intermeddling after a grant of administration does not make an executor de son tort, because he is answerable to the administrator. 4. If the...

...v. Hamner, 115 Ala. 406, 22 So. 117. An executor de son tort at common law is one who without appointment performs the duties belonging to an executor or administrator. If he continues to perform not...de son tort. The purpose was not to relieve the executor de son tort from liability but to place the right of action solely in the lawful administrator. Blair v. Brooks, supra; Abernathy v. Bankhead..., Troy, for appellee. Liability of executor de son tort is fixed by statute. Code 1940, Tit. 61, § 117; Abernathy v. Bankhead, 71 Ala. 190; Winfrey v. Clark, 107 Ala. 335, 18 So...

.... (Syllabus.) 1. EXECUTORS AND ADMINISTRATORS — "Executor de son tort" defined. One who acts as administrator of a decedent's...estate without legal authority is an executor de son tort. 2. SAME — Authority of lawful representative of estate to ratify bona fide acts of executor de son tort. The...lawful representative of a decedent's estate may ratify and make valid by relation all bona fide acts of an executor de son tort which would have been valid had he been the duly...

...constituted an executor de son tort. A tenant in common cannot maintain an action against his cotenant for a share of the rents collected by the latter until after a demand for an accounting, made within a...; Roberts v. Rice, 69 N.H. 472. The plaintiffs say that the rents in question were collected by George, either as executor de son tort, or...as a cotenant, and that in either event they are entitled to recover their shares from his estate. An executor de son tort is one who intermeddles with the personal property of a deceased's...

...deceased brother and sister brought this action against the Bank, as executor of the estate of Minnie G. Leaptrot, as executor de son tort of the estate of Clarence A. Leaptrot, and against Shirley Ann...Self. The petition sought: (1) an accounting by the defendant Bank as executor of the estate of Minnie G. Leaptrot, (2) an accounting by the Bank as executor de son tort of the estate of Clarence A.... Leaptrot, (3) judgment against the Bank as executor de son tort of the estate of Clarence A. Leaptrot in double the value of one-half of the property and other assets belonging to the estate of Clarence A...

.... THIS was an action of assumpsit, brought by the plaintiff against the defendant, to charge him as as executor de son tort of one David Davis. The defendant pleaded ne unques.... Executor de son tort. One who intermeddles with the goods of a deceased person after the will is proved, or administration granted, cannot be sued by a...creditor as executor de son tort, unless where he claims under a fraudulent deed. But if he had intermeddled before the appointment of a legal administrator he may be charged as executor de son tort, then...

...against B for the value of the horse. 2. An executor de son tort is entitled to no action. 3. One cannot be held liable as executor de son tort where...further, that, if not so entitled, he had a right to the horse as the executor de son tort of Love, responsible over to the lawful executors. But the court refused so to instruct the jury, and...that the law holds such an executor to many liabilities, but gives him no action; and, moreover, that one cannot be held liable as executor de son tort, where there is a rightful executor...

... 2D22-3571 08-25-2023 FRANK BUTLER, Executor de son Tort of the Estate of Elsie Jane Butler, deceased, Appellant, v...

.... Holden, 275 U.S. 142. The appellant should be permitted to account only as executor de son tort. The language and legislative history of...the trust company and could not render an account of the estate, except as executor de son tort, because the consolidation had ended the existence of the trust company and the bank, being a...the testatrix and was not entitled to render an account as such executor; that it could only account as executor de son tort, and that the question of the Probate Court must be answered in the...

...executor de son tort (Code § 113-1102) with respect to funds held in four joint banking accounts. Both parties moved for summary judgment. As to one of the accounts, a certificate of deposit, the trial...court held that Smith was not the owner of the funds, had converted them, and was, therefore, an executor de son tort. Judgment was entered for double the amount of the funds. Smith appeals this part of...she deemed fit. Under a literal reading of Code § 113-1102 a case against an executor de son tort seems to be made out: "If any person, without authority of law, ... converts to his own use, the...

...; Christopher Booth, as executor de son tort of the Estate of Weldon S. Booth; Albert Meyer and Francine Meyer; Edward Carr and Marianne Carr; Thomas Beck; James Brendel, individually and as a nominated...as nominated personal representative of the Estate of Joseph Young; Alan Anderson; Jon Berry; Michael Bigley and Laurie Stein; Vijay Dube and Girjia Dube; Diane Crumly as executor de son tort of the...Trust UTD November 1, 1994; Mary Barcus; Thomas Kingsley and Frances Kingsley; Laura Brown, as executor de son tort of the Estate of John W. Berryman, Jr.; Wanda Miller, as trustee of the Geraldine F...

...for the protection of dead men's estates, and not for the personal benefit of the executor; an executor de son tort may, therefore, plead it, as well as a rightful executor. The...possession. The jury found that defendant was executor de son tort of James McDowell, that he had assets sufficient to satisfy plaintiffs' demand, and further, they found that the act of 1715...was a bar to plaintiffs' recovery. Plaintiffs moved for a new trial on three grounds: (1) that an executor de son tort is not within the protection of the act of 1715; (2...

...), Petitioners, v. THE ESTATE OF HELEN J. CLARKE, by and through JAMES F. CLARKE, executor de son tort, Respondent. Jason D. Ross, Kirsten K. Ullman, Brian M...

.... Affirmed. J. B. Atkinson, of Clanton, for appellant. An executor de son tort cannot make a settlement by accord and satisfaction..., 4 W. Va. 420; 24 C.J. § 2903, p. 1211. The true representative is bound by those acts of an executor de son tort which are lawful and such as the true representative...would be bound to perform in due course of administration, but not by any other acts of the intermeddler. 24 C.J. § 2922, p. 1218. A sale of assets by an executor de son tort who subsequently takes...