Loretto Lohman Roberts v. Franklin H. Roberts

POPE, Circuit Judge.

On November 7, 1945, George W. Roberts, a resident of Montana, purchased 375.094 shares of Investors Stock Fund, Inc., a Nevada corporation, licensed to do business and sell its securities in Montana. These shares were evidenced by certificaté No. 1738 dated November 13, 1945. The certificate recited that George W. Roberts, as trustee for Franklin H. Roberts, was the owner of the shares mentioned in the certificate.

At the time of his purchase of the stock, George W. Roberts executed under the heading of “Declaration of Trust— Revocable”, an instrument reciting that he had…