Clark v. Clark

MR. JUSTICE FREEBOURN:

William A. Clark died testate on January 12, 1921, leaving surviving him a widow, Susan B. Clark, and his two sons, Houghton Clark and William A. Clark, Jr. The widow elected not to take under the will but to take her dower interest under the statute. She and the Union Bank and Trust Company were appointed to execute the will. The estate appears to have been insolvent, but in 1950 certain unpatented mining claims, part of the assets of the estate, were sold and $22,000 realized.

The bank, having the money in its possession as executor, failed to pay the widow her share…