Newton, Admx. v. Hunt

DISSENTING OPINION

Royse, J.

I cannot agree with the majority opinion in this case. I agree with the following statement in the majority opinion:

“Therefore, as contended by appellee, the appellant, whose authority is strictly limited by statute, had no authority to recover for the estate that property which had already been fully administered. As contended further by appellee, any action to declare a trust and to recover property already administered but alleged to have been thereafter converted, must be brought in the name of the beneficiaries who are the real parties in interest.”

In my…