Cyclopedia of Commerce, Accountancy, Business Administration, v. 05 (of 10)American School of Correspondence
General
Cyclopedia of Commerce, Accountancy, Business Administration, v. 05 (of 10)
American School of Correspondence
Accounting; Business; Commerce
A trustee—by whatever specific name designated—acting in his capacity as
substitute for the owner, is the owner of the trust property as against
the public. He is accountable to no one but the beneficiaries for whom
he is acting as custodian. As owner of the estate, he can sue or be sued
and perform many functions pertaining to the ordinary property owner.
The beneficiary, by reason of his equity in the estate, can compel the
trustee to carry out the provisions of his trust.
EXECUTOR'S ACCOUNTING
=2.= While an executor may keep his accounts in a manner chosen by
himself, his _accounting_ must conform to the legal requirements of the
state in which the accounting is made. The form in which the accounting
is to be made is not subject to rigid rules, but must conform to certain
regulations. While requirements differ according to the jurisdiction,
the regulations in general are as follows:
The preliminary accounting consists in filing an inventory of the
personal estate of the deceased, showing both the nominal or face value
of the assets and the amount they are expected to realize as stated by
the appraisers. An executor usually files two accounts—an _intermediate
account_, filed at some date prior to the final account, and a _final
account_, showing the property in his hands subject to distribution by
judicial decree. The intermediate account may be filed either
voluntarily or by order of the court. The account must be accompanied by
the following schedules:
=SCHEDULE A=
1. Statement of property contained in the inventory, which has
been sold, with the manner of sale and amounts realized. 2. Statements
of debts due the estate as scheduled in the inventory, which have been
collected. 3. Statement of all interest and dividends received by the
executor.
=SCHEDULE B=
1. Statement of debts due the estate that have not been collected
or are uncollectible, with reasons. 2. Statement of personal property
named in inventory that has not been sold, with reasons, and the
appraised value of such property. 3. Statement of all property belonging
to the estate that is lost through no fault of the executor, with the
cause of loss and appraised valuation. 4. Statement that no other
property than set forth in the inventory or schedules has come into the
possession or the knowledge of the executor. 5. Statement that the
increase or decrease in value of all assets of the deceased is allowed
for or charged in Schedules A and B.
=SCHEDULE C=
1. Statement of all amounts expended by the executor for funeral
and other necessary expenses, together with the receipts for, and
objects of, such expenditures.
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