In re the Estate of Belt

Citations

• 29 Wash. 535
• 70 P. 74
• 1902 Wash. LEXIS 612

Syllabus

<p>ADMINISTRATORS — RECOVERY OF TRUST FUNDS-ESTOPPEL TO DISPUTE ESTATE’S TITLE.</p> <p>An administratrix is not estopped from denying that the proceeds of a judgment recovered by her in her representative capacity were assets of the estate, where such judgment was for the recovery of trust funds in an action instituted by her intestate in his own name, but in fact as a trustee, .and in which she had been substituted as a party on his death.</p> <p>SAME — TO WHOM ADMINISTRATOR ACCOUNTABLE FOR TRUST FUNDS.</p> <p>Although an administratrix has in her representative capacity enforced the collection of moneys belonging to a trust fund for which her intestate was trustee, she is not bound to account therefor to the personal creditors of the decedent, but is responsible therefor only to the cestui que trust.</p> <p>PROBATE COURT — JURISDICTION TO TRY TITLE.</p> <p>Although the superior court sitting in probate has no jurisdiction to try the title to property, yet the court has power to determine the fact whether or not property in dispute belongs to an estate as an asset thereof for the purpose of inclusion' in the inventory.</p>