McGrath v. Carroll

Citations

• 110 Cal. 79
• 42 P. 466
• 1895 Cal. LEXIS 1020

Syllabus

<p>Estates of Deceased Persons—Trust—Presentation of Claim.—While equity will enforce a trust against the personal representatives of a deceased person without a presentation of a claim against the estate, when the identical trust property or its product in a new form can be traced into the estate, and so into the possession of the representatives of the decedent, yet a beneficiary who is unable to do this must rely on the personal liability of the trustee, and has only a claim against the estate which must be duly presented for allowance.</p> <p>Id.—Trust Claim—When Limitation Begins to Run.—Where a trust claim has not been repudiated daring the lifetime of the trustee, the statute of limitations is set in motion from the time of the first publica, tiou of notice to creditors.</p> <p>Id.—Presentation of Trust Claim—Monet Demand—Statute of Limitations.—The fact that the beneficiary is obliged to present his claim as a general creditor against the estate of a deceased person does not change the nature of his demand, which is still one for property due under a trust accounting, but merely changes his remedy; and in presenting such claim, in order to avoid the statute of limitations, he must set forth in the claim the facts constituting the trust, and that the trustee did not repudiate the same to the knowledge of the beneficiary; but where the claim as presented is of a mere money demand which is barred upon its face by the statute of limitations, it is the duty of the executors to reject the claim, and the claimant cannot prevent the bar of the statute by setting forth a trust claim in his complaint.</p> <p>Id.—Pleading—Variance—Abatement—Limitations.—In an action upon a claim presented against the estate of a deceased person the complaint should conform to the statement of the claim as presented, and where the claim presented is a mere money demand which is upon its face barred by the statute of limitations, by reason of there being no hint of a trust therein, and t