Fox v. Tay

Citations

• 89 Cal. 339
• 26 P. 897
• 1891 Cal. LEXIS 821

Syllabus

<p>Statute oe Limitations — Pleading — Matter in Reply. — When a defendant pleads the statute of limitations, matters upon which the plaintiff relies to relieve him from the bar of the statute are deemed to have been pleaded in reply to the answer.</p> <p>Id. — Trust Fund — Liability op Representatives of Deceased Executor. — When a decedent was possessed of a trust fund as an executor, in respect to which he could not plead the statute of limitations, his representatives stand in no better position, and are not entitled to claim the benefit of the statute.</p> <p>Id. —Express Trust — Running of Statute. —In cases of express trust, the statute of limitations does not commence to run until a repudiation, of the trust.</p> <p>Id. —Liability of Executor—Trust — Note and Mortgage to Co-executors ■—Foreclosure — Defense op Statute.—An executor who takes possession of assets belonging to the estate is a trustee thereof, and the trust not being barred by the statute of limitations, the fact that a note and mortgage given to his co-executors for the amount received appears to he barred by the statute is not available as a defense to the foreclosure of the mortgage in an. action by the co-executors against his personal representatives.</p> <p>Trusts — Application op Trust Funds. — A trustee must personally see to the application of any trust funds received, and he cannot pass them over to his co-trustee for investment or distribution, without rendering himself personally responsible for the acts and defaults of the co-trustee.</p> <p>Estates op Decedents — Receipt op Assets by Foreign Executor — Liability to Account. —If assets of an estate situated in a jurisdiction foreign to that in which an executor qualified and received his letters come into his possession while residing in the foreign jurisdiction by a voluntary payment or administration, he is bound to account for them in the domiciliary jurisdiction.</p> <p>Id. — Action by Foreign Executors — Foreclosure of Mortgage