First Interstate Bank v. Haynes

This is an action against the residuary legatee of an estate for restitution of a portion of the amount paid to him by the estate. Plaintiff seeks the imposition of a constructive trust. The trial court denied plaintiffs motion for summary judgment and dismissed the action, because the complaint failed to state a claim and because plaintiff had failed to exercise its statutory remedies against the estate. Plaintiff assigns as error the dismissal of the action.

For the purpose of this appeal, we take as true the facts as pleaded by plaintiff. Defendant was the personal representative of the…