Dorotea Zaldivar v. De Tenorio v. H. E. McGowan

The central point of this case is the fact that Hamilton McGowan was a fiduciary for his brother and for his brother’s widow. His status as fiduciary requires a conclusion that the interest of the widow is protected against his claim of title.

The terms of the treaty provide that the three-year period in which the widow must sell her interest is “reasonably prolonged if circumstances render it neces*103sary.”1 In the circumstances of this case, where a fiduciary failed to inform his alien beneficiary of her interest in the property which was the subject of his fiduciary relationship, asserted…