In re Estate of Haas

This is an appeal by the executor, James F. Mooney, from an order settling his annual account. When the executor filed his account, a legatee under the will objected thereto, upon the ground that he had a large sum of money and also other personal property in his possession which was the property of the estate, and for which he had not accounted. In answer to these objections, the executor set out that he was the duly appointed, qualified, and acting guardian of Ella V. Haas, a minor; that said property was her property, and he held it as such guardian, and had returned it to the court in his inventory and appraisement of her estate; and he thereupon objected to the court hearing and determining these matters, upon the ground that, as a court of probate, it had no jurisdiction thereof. The court proceeded to a trial of the issues raised by the *234 pleadings, made findings of fact to the effect that this property was the property of the estate, and by the decree charged the same to the executor in his account.

In the present status of this case, the executor occupies a position which is not at all pleasant to him, viewed from a pecuniary stand-point, for he is now charged with…