Clary v. Clary
California Supreme Court
Appeal from an order of the Superior Court of Alameda County ordering an administrator to account, and from an order refusing to settle a bill of exceptions. W. E. Greene, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
The administrator, upon distribution, took the share of the estate (consisting of moneys), distributed to an heir, and appropriated and used it in his own business through a series of years, concealing from the heir, a minor residing in his household, any knowledge that there was anything coming to her from the estate.
In due time, after arriving at the age of majority and discovering her rights, the heir applied to the probate court, the administrator not having been discharged of his trust, to require the latter to pay over to her such distributive share, with interest.
The court ordered the…
2Cases cited11 opinions
- In re the estate of MooreCalifornia Supreme Court · 1892
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Verdier v. RoachCalifornia Supreme Court · 1892
- In re Estate of ThompsonCalifornia Supreme Court · 1894
- Ex parte SmithCalifornia Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Cooley v. Miller & LuxCalifornia Supreme Court · 1909
- Gilmaker v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1962
- Clanton v. CriteserCalifornia Supreme Court · 1915
- Fresno Estate Co. v. FiskeCalifornia Supreme Court · 1916
36 more not listed; retrieve them via the Exa API.