Goldtree v. Allison

Citations

• 119 Cal. 344
• 51 P. 561
• 1897 Cal. LEXIS 898

Syllabus

<p>Trust under Will—Estates of Deceased Persons—Decree of Distribution to Trustees—Determination of Validity of Trust—Bes Ad judicata—Creditor's Bill.—Where the estate of a deceased person is distributed to the trustees appointed under the will, the decree of distribution is an adjudication of the validity of the trust, and of the title of the trustees to take under the will; and where such decree has become final by failure to appeal therefrom, the title of the trustees and the validity of the trust cannot be assailed upon a creditor’s bill filed to subject to execution the property of a beneficiary of the trust, to twhom the trustees were to pay a portion of the income of the estate during his life, as it should be received by them.</p>