Bedell v. Scoggins

Citations

• 5 Cal. Unrep. 66
• 40 P. 954
• 1895 Cal. LEXIS 1154

Syllabus

<p>Trusts.—Defendant Gave Deceased a Note, for money which he owed her, hy which he promised to pay $400 for her funeral expenses or to return it to her on demand. During her last sickness, deceased handed the note to defendant, saying, “Here is something for you.” Held, that an express trust, to expend the money, after her death, for her funeral expenses, was created.1</p> <p>Trusts.—Where Deceased Gave Money to Defendant in trust to expend, after her death, for her funeral, and he thus expended it, her administrator cannot recover such sum from him, where all preferred claims have been paid, and it does not appear that the probate court has disapproved of the payments made by him, even admitting that claims against a decedent’s estate cannot properly be paid without the sanction of the probate court.</p> <p>Evidence.—Declarations of Decedent, not Against Interest, relative to a transaction with defendant, are n'ot, in an action by her administrator, admissible in his favor.</p>