Is there any case law that supports the argument that the executor of a property was not an executor by the assignment of property?
Ontario, Canada
The following excerpt is from Macdonald v. Mccall, 1885 CanLII 25 (ON CA):
Patteson, J., says, in Shears v. Rogers, already cited: “If the defendant had not been executor, then, by the assignment in question, he would have been executor in his own wrong and chargeable by the creditors in respect of the property taken by him under that instrument.”
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