Corbin was named as executor of his father's will.  While going through his late father's papers, he discovered a promissory note made by Fulsom in the amount of $10,000 that reflected a personal loan the decedent had made before he died.  Corbin approached Fulsom and indicated that he would accept $5,000 cash in exchange for the note.  Fulsom's payment was not included in the assets of the estate.  One of the heirs discovered the cash payment and brought suit, charging misconduct.  Will Corbin be required to cover the losss suffered by the estate?

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Corbin was named as executor of his father's will.  While going through his late father's papers, he discovered a promissory note made by Fulsom in the amount of $10,000 that reflected a personal loan the decedent had made before he died.  Corbin approached Fulsom and indicated that he would accept $5,000 cash in exchange for the note.  Fulsom's payment was not included in the assets of the estate.  One of the heirs discovered the cash payment and brought suit, charging misconduct.  Will Corbin be required to cover the losss suffered by the estate?

 

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