Auerbach v. Samuels

CROCKETT, Chief Justice.

This proceeding involves an effort of the plaintiffs to establish a constructive trust of $40,000, plus interest, for unpaid legacies claimed under the will of Frederick S. Auerbach. From- a dismissal on the grounds of the statute of limitations and laches they appeal.

The plaintiffs are three survivors of four sisters of deceased, who were named in his will as legatees for $10,000 each on this contingency: “In case the net value of my estate both at my death and at the time of distribution exceeds $350,000.” Frederick died in May, 1938, and his will was admitted to…