Staley v. Kreinbihl

The decision of case No. 31653 rests upon whether the specific property of the trust in this case must be or was identified and traced in the evidence. In other words, may the plaintiff below, unanimously found to be a beneficiary, recover as cestui que trust or must she recover, if at all, as a creditor?

While two judges of the Court of Appeals held in substance that she was a suppliant in a court of equity, the third judge, recognizing an original trust, held that plaintiff below must recover, if at all, as a creditor.

The Court of Appeals was unanimous in holding that the amended petition…