Legal Opinion
Burwell v. McCabe
California Court of Appeal
Decided July 20, 1950No. Civ. 3988, 3989PublishedCited by 16 opinions
1Opinion of the CourtBarnard, P. J.
Mr. McCabe died on February 6, 1928. Under the terms of his will and a decree of distribution entered on April 5, 1929, Mrs. McCabe received some $330,000 and also received $50,000 in trust for their daughter Virginia, the trust to terminate when she reached the age of 21 years. Admittedly, Mrs. McCabe mingled these trust funds with her own, kept no record or account, and could produce no receipt or voucher of any kind. Virginia reached the age of 21 years on July 23,1942.
On November 12, 1947, the “First and Final Account” of this trusteeship was filed by Mrs. McCabe after a citation had been…
2Cases cited3 opinions
- Purdy v. JohnsonCalifornia Supreme Court · 1917
- Burwell v. McCabeCalifornia Court of Appeal · 1948
- Burwell v. McCabeCalifornia Court of Appeal · 1947
3Cited by16 opinions
- Blackmon v. HaleCalifornia Supreme Court · 1970
- Van De Kamp v. Bank of AmericaCalifornia Court of Appeal · 1988
- Coberly v. Superior CourtCalifornia Court of Appeal · 1965
- Estate of McSweeneyCalifornia Court of Appeal · 1954
- Cobell v. NortonDistrict Court, District of Columbia · 2003
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