City of Seattle v. McDonald

Citations

• 26 Wash. 98
• 66 P. 145
• 1901 Wash. LEXIS 612

Syllabus

<p>WILLS-TRUST IMPOSED OX EXECUTORS-JURISDICTION OF SUPERIOR COURT.</p> <p>Where by the terms of a will the executors are constituted trustees for the purpose of managing the estate without the intervention of the probate court, marshal its assets and devote the proceeds in the interest of a specified beneficiary, the superior court has jurisdiction on its equity side, and not in probate, of an action instituted by the cestui que trust against the trustees for an accounting and for their removal.</p> <p>SAME-ACTION AGAINST TRUSTEES-PLEADING-DEMURRER.</p> <p>Where trustees named by a will accept the trust thereunder directing them to convert the testator’s estate into money with all convenient and judicious speed and marshal all the assets of the estate into a fund, which shall be annually tendered to the city of Seattle for the purpose of constructing a public hall, if the city shall accept same and contribute an equal amount, a complaint against the trustees for an accounting and their removal is proof against general demurrer, when it alleges that they have failed and refused for a period of more than nineteen years to dispose of the property of the estate and marshal its assets, have mismanaged such moneys as they have received and are inactive and negligent in the discharge of their trust.</p> <p>SAME.</p> <p>In such ah action, it is unnecessary that the complaint allege that the city has been, or is, ready to contribute to a public hall or that it is injured by the delay, since such a state of facts would afford no excuse for non-performance of the duties of the trust.</p> <p>ACTION BY CITY — AUTHORITY OF ATTORNEY TO SUE — PRESUMPTIONS.</p> <p>The authority of the corporation counsel of a city to bring suit in its behalf will be presumed, in the absence of proof to the contrary, and it is unnecessary that such authority should appear upon the face of the complaint.</p>