Barrette v. Dooly
Utah Supreme Court
An action to have an order of the probate court discharging defendant as executor in a certain estate set aside and to require an accounting for certain moneys received ^ by him as trustee, and to .have such moneys turned over to plaintiff as present administrator of said estate. Defendant demurred upon the ground that plaintiff had no legal capacity to maintain the action.
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An action to have an order of the probate court discharging defendant as executor in a certain estate set aside and to require an accounting for certain moneys received ^ by him as trustee, and to .have such moneys turned over to plaintiff as present administrator of said estate. Defendant demurred upon the ground that plaintiff had no legal capacity to maintain the action. The demurrer was sustained, and, plaintiff electing to stand upon his complaint, the action was dismissed. Plaintiff appealed. An administrator is charged under the law with the duty of collecting together all of the…
1Opinion of the CourtBaskin, J.
The trust created by the deed conveying to the defendant the real and personal property therein mentioned, was more than a mere naked trust; it was an active one. The *86trustee was required to convert tbe property into money, and out of tbe proceeds to pay the debts of tbe grantor, and after doing so, to pay to tbe grantor’s devisees any balance which might remain.
One of tbe exceptions to the operation of the statute of uses is that, “Whenever the instrument creating the trust confers upon the trustee any'power in trust, or imposes any duty relating to the control or management of the trust…
2Cited by4 opinions
- Reed v. HumeUtah Supreme Court · 1902
- Ex Parte IngallsSupreme Court of Alabama · 1957
- Felkner v. DoolyUtah Supreme Court · 1904
- Powell v. PowellUtah Supreme Court · 1948