Anglo & London Paris National Bank v. Newell

Citations

• 18 Cal. App. 258

Syllabus

<p>Estates of Deceased Persons—Removal of Executor for Fraud upon Estate—False 'Claim Allowed for Private Debt.—An executor should be removed under the terms of section 1136 of the Code of Civil Procedure, “when he has committed or is about to commit a fraud upon the estate.” The act of the executor in allowing a false claim against the estate, with full knowledge of how the claim had originated, and that he had himself created the same as a claim against the estate, for the purpose of reimbursing his sister in law for moneys which he himself had borrowed from her, constituted a fraud against the .estate for which he was properly removed.</p>