Fidelity Insurance, Trust & Safe Deposit Co. v. Nelson

Citations

• 30 Wash. 340
• 70 P. 961
• 1902 Wash. LEXIS 692

Syllabus

<p>CORPORATIONS CREATION BY SPECIAL ACT LAWS OE SISTER STATE -> PRESUMPTION AS TO VALIDITY.</p> <p>Where the laws of a sister state duly authenticated are placed in evidence showing an act specially incorporating plaintiff as a corporation, no presumption can be indulged that the law is invalid because such an act would be unconstitutional in this state (.Gunderson v. Gunderson, 25 Wash. 459, distinguished).</p> <p>TRUSTEES-DISCHARGE-APPOINTMENT OE SUCCESSOR.</p> <p>Where a trustee was appointed in the place and stead of other trustees of an estate, upon the petition of the latter to be discharged, and such substituted trustee accepted the trust and entered upon its active management as sole trustee and continued to so act for more than twenty years, a debtor to the trust estate cannot urge, in an action by such trustee to enforce collection of a debt, that it was merely a co-trustee because of failure of the court appointing it to enter an order discharging the old trustees.</p> <p>FOREIGN TRUSTEES-RIGHT TO SUE IN THIS STATE.</p> <p>A trustee charged with the administration of an estate, though appointed by the court of a sister state, may maintain an action in the courts of this state respecting the trust property, when no local creditor is affected.</p> <p>ASSIGNMENT IN BLANK-AUTHORIZED COMPLETION-EFFECT.</p> <p>The fact that an assignment of a mortgage was made in blank to an unnamed assignee would not affect the right of such assignee to maintain action thereon, where the assignee’s name was afterwards inserted in the blank with the express assent of the assignor.</p>