Brown v. Brown

SADLER, Justice.

The appeal is from an order of the district court of Curry County dismissing plaintiff’s complaint seeking an accounting from defendants, as trustees, of their administration of a fund established by them for the support and maintenance of plaintiff. Existence of the trust was confirmed by a decree of the federal court for the district of New Mexico.

The plaintiff below and the defendants are brothers. Upon the filing of the complaint, or in due season thereafter, the defendants filed a motion to dismiss upon the ground the complaint failed to state a claim upon which relief…