Burkett v. McCaw

Morris A. Burkett appeals from the trial court’s summary judgment of dismissal in his action for conversion of securities.

John Elroy McCaw, a Washington resident, died in 1969. Marion O. McCaw, LeRoy M. Backus, Jr., and the National Bank of Commerce of Seattle, qualified as coexecutors of his estate. The receiver of National Capitol Life Insurance Company, Morris A. Burkett, filed a creditor’s claim against the estate alleging misdeeds by McCaw, including wrongful conversion of securities. This claim was rejected by the coexecutors. Burkett then filed this action for wrongful conversion of…