Corcoran v. Fousek

MR. JUSTICE FREEBOURN:

On April 25, 1927, J. H. Corcoran, plaintiff and respondent, A. J. Fousek and A. H. Gray, defendants and appellants, with others, purchased through A. J. Fousek, as trustee, under a written trust agreement, the assets of the defunct American Bank and Trust Company of Great Falls, Montana.

In 1949 Corcoran brought this action against Fousek and Gray for an accounting from them of the receipts, properties and profits of the trust estate received by them and asking that he be decreed the owner of a nine twenty-thirds interest in all moneys and property of such trust estate,…