In re the Accounting of Clark

Christopher C. McGrath, S.

In this accounting proceeding, six parties having claims against this insolvent estate contend that they are entitled to a preference and seek to impress a trust upon the assets.

Upon the stipulated facts as herein presented, the court finds that the decedent acted in the nature of a trustee for the claimant, Chas. W. Sommer & Bro. Inc., for merchandise held by the decedent on consignment and that title to the merchandise did not pass to the decedent. In view of the foregoing the court holds that the funds of the estate are impressed with a trust in favor of Chas. W.…