In re Estate of Arguello

Citations

• 97 Cal. 196
• 31 P. 937
• 1893 Cal. LEXIS 510

Syllabus

<p>Estates of Deceased Persons — Deposit of Funds by Administrator nk his Own Name—Liability for Loss — Good Faith. —An administrator who deposits funds of the estate in a bank in his own name, without any designation or indication of his representative capacity, is personally liable for the loss of the deposit, resulting from a failure of the bank, although he had no other funds or account with the bank, and made the deposit therein for the express purpose of keeping it separate from his individual funds, and the bank was of good credit and standing, and was believed by him to be solvent and safe. In such case the good faith or intention of the administrator in making the deposit in his own name is in no way involved.</p> <p>Id.—Construction of Code—Willful and Unnecessary Mingling of Trust Property. — The liability of the administrator in such a case is not limited nor changed by section 2236 of the Civil Code, which provides that “ a trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events but that section is in accord with the general rule, and in effect declares it.</p>