Lathrop v. Bampton

Citations

• 31 Cal. 17

Syllabus

<p>Against whom a Trust will be Enforced.—A Court of equity will enforce a trust against all persons who with notice of the trust come into the possession of the trust property, in the same manner and with like effect as against the original trustee.</p> <p>Action against Executor to enforce a Trust.—If an action to enforce a trust could not have been maintained against a testator, it cannot be maintained against his executor.</p> <p>When Trust will not be Enforced against an Executor.—A trust assumed by a testator will not be enforced against his executor when the identity of the trust fund is entirely lost, and it is neither shown to bo in the hands of the executor in its primary condition, nor that it was converted by his testator into the property or any part of it in the executor's possession.</p> <p>Enforcement of Trust upon Specific Property.—Before a cestui que trust can claim specific real or personal property in the enforcement of the trust, he must show that it is the identical trust property, or that it is the fruit or product thereof in a new form.</p> <p>Remedy of Cestui que Trust against Trustee.—When the cestui que trust can identify the trust fund, either in its original or in a substituted form, he may elect to hold the original or substituted property, or may hold the trustee personally liable; but if he cannot identify the property he must rely on the personal liability of the trustee.</p> <p>Claim of Cestui que Trust against Estate of Trustee.—If the testator during his lifetime mingled the money of the cestui que trust with his own, and after his death neither the trust money nor property into which it was converted can be identified in the hands of the executor, the cestui que trust has only a claim against the estate, which must bo presented to the executor for allowance, as required by the Probate Act.</p> <p>When Executor can be held to account as Trustee.—If the executor has come into the possession of the trust fund or its substitute, so