McDowell v. McDowell

I do not think it is necessary to decide whether, under the terms of the will, a trust estate was or was not created as respects the matters dealt with in the majority opinion. My opinion is that, assuming for the sake of argument a trust was created, the petition does not show that the acts of the executor, which are complained of, were his acts as executor or as trustee. It does not show that the duties of the executor had been completed and that the estate was being operated as a trust estate by the alleged trustee. There is no allegation in the petition showing that the debts had been…