(Download) "Latham V. Mcclenny" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Latham V. Mcclenny
- Author : Arizona Supreme Court
- Release Date : January 03, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The sole error assigned is that the court erred in sustaining the demurrer and rendering judgment dismissing the complaint, but under this assignment several interesting legal propositions are raised which we will discuss as seems advisable. On such an assignment, of course, all the matters properly pleaded must be assumed as true. It is first claimed by defendants that it was necessary for plaintiff to file a claim in the Hoerath estate as a condition precedent to bringing this action. So far as McClenny, as executor, is concerned, we think the contention well founded. The gist of the action is that Hoerath, as administrator, converted the trust funds of the Schoenewald estate in his hands to his own use, without authority of law. If it had been possible to follow the converted property so that the identical trust fund or its product in new form could be traced into the possession of the personal representatives of the deceased trustee, it was not necessary to present a claim against the estate of the latter, but a beneficiary of the trust who is unable to do this must present his claim against the estate for allowance. McGrath v. Carroll, 110 Cal. 79, 42 P. 466; Title Ins. & Trust co. v. Ingrosoll, 158 Cal. 474, 111 P. 360; 24 C.J. 894.
 "Latham V. Mcclenny" by Arizona Supreme Court " eBook PDF Kindle ePub Free){kind=link}