Wiley v. Wiley

Decided February 21, 1919

Indiana Court of Appeals · decided 1919-02-21

From Adams Circuit Court; David E. Smith, Judge. Alexander J. Wiley, executor, filed his final report, to which exceptions were filed by Oliver P. Wiley and another. From a judgment approving a corrected final report, the executor appeals.

Relies on Moore v. Ferguson

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1919-02-21

How this case has been cited

Cited by 7 later decisions — most recently May 1985

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dausman, C. J.

¶1It is apparent that by this proceeding Alexander J. Wiley is seeking to advance his individual interests which directly conflict with the trust, which, as executor, it is his duty scrupulously to protect. If he feels that he has suffered any injustice in this matter, it can be only because he has been denied that which he sought for his own personal benefit. The trust which he is sworn faithfully to administer has been benefited by the rulings of the «trial court; and that trust is not interested in having those rulings reversed. It is evident, therefore, that Alexander J. Wiley, in his capacity as executor of the estate, cannot maintain this appeal. Moore v. Ferguson (1904), 163 Ind. 395, 72 N. E. 126. For this reason alone appellees’ motion to dismiss the appeal must be sustained, and we need not consider other features presented.

¶2The appeal is dismissed.