Field v. Andrada

Citations

• 106 Cal. 107
• 39 P. 323
• 1895 Cal. LEXIS 576

Syllabus

<p>Estates of Deceased Persons—Action to Enforce Trust in Lands— Incapacity of Administrator to Sue.—An administrator has no capacity to bring an action to enforce a trust in lands conveyed by the decedent in his lifetime, and to compel a conveyance of the legal title.</p> <p>Id.—Fraudulent Conveyance—Defective Complaint.—An administrator cannot maintain an action to set aside a deed of his testator as void against creditors unless it appears from the complaint both that there are creditors to be paid and that there is an insufficiency of assets in the hands of the administrator to meet their demands.</p> <p>Id.—Creditors—Claims not Allowed.—Until the estate has been charged with claims by allowance or judgment there is no basis for a bill by the administrator to set aside a fraudulent conveyance against the decedent to recover means to pay them, and a complaint averring that there are no allowed claims, but that there are creditors whose claims have not as yet been presented against the estate, and that the time for the presentation of claims has not yet expired, shows upon its face that there are no such creditors as are necessary for a recovery.</p> <p>Id—Insufficiency of Assets—Personal Property Taken by Trespassers—Presumption.—A complaint showing that the personal property of the decedent is in the possession of others who claim it as their own, and against whom a suit for the recovery thereof by the administrator is pending and undetermined, and which does not allege the amount or value of the personal property, does not show an insufficiency of assets to sustain a suit to set aside a fraudulent conveyance of real estate; hut it must he presumed that the personal property of the estate taken hy trespassers without right will be recovered by the administrator in the performance of his duty, and that it will be sufficient to meet the demands of the creditors of the estate.</p> <p>Id.—Conjunctive Special Demurrer—Specifications of Uncertainty. A conjunctive demu