O'Neil v. Epting

Citations

• 82 Kan. 245
• 108 P. 107
• 1910 Kan. LEXIS 236

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jurisdiction — Action by Cestui que Trust against Trustee. Where by the terms of the contract which created the trust a cestui que trust is forced to rely upon his trustee’s personal liability he occupies a position toward the estate of the trustee which is identical with that of a contract creditor, and in such a case he may maintain an action at law against the trustee or the administrator of the trustee’s estate to recover a debt matured by the terms .of the contract.</p>