Belt v. Toomey

Worthington W. Holton was appointed administrator of the estate of his deceased wife. Shortly thereafter, he brought suit in his individual capacity against himself as administrator, joining all of his wife’s next-of-kin as co-defendants, and alleging that certain property found among his wife’s assets was in fact held in constructive trust for him. After an extensive trial, the District Court gave judgment for the plaintiff. The co-defendants appeal.1

The principal contention of appellants is that no one can bring suit against himself. Correct as that proposition may ordinarily be, and…