Crossingham v Crossingham

In the Family Court of Australia, Crossingham v Crossingham was a dispute between the executors of the estate of a deceased man and his surviving spouse. The central issue was whether the executors were required to account for moneys withdrawn from the deceased's account for personal use, or whether they were entitled to a credit against the estate for the amount withdrawn. The widow argued that the executors breached their fiduciary duty by using the deceased's money for their own benefit and sought the appointment of an accountant to determine the accounts.

The court had to decide whether the executors were required to account for the moneys withdrawn from the deceased's account for personal use, and whether they were entitled to a credit against the estate for the amount withdrawn. The widow argued that the executors breached their fiduciary duty by using the deceased's money for their own benefit and sought the appointment of an accountant to determine the accounts. The executors argued that they were not required to account for the moneys withdrawn for personal use as there was no intended obligation to account, and they did not fail in their duties to the deceased.

The court found that the executors were not required to account for the moneys withdrawn for personal use as there was no intended obligation to account and no failure in their duties to the deceased. The authority to draw from the account for personal purposes was revoked on the death of the deceased, and the requirement to account for moneys to be restored to the estate was subject to any entitlement to credit. The application for the taking of accounts was dismissed, and the executors were not required to account for the moneys withdrawn for personal use. The widow's application was dismissed with costs.