Stuart v. Sands

DAVISON, V.C.J.

This is an action wherein plaintiff, as junior beneficiary under a trust agreement, seeks an accounting by the defendant, as senior beneficiary and trustee, of receipts by him, from a 5/12 interest in an Osage Indian headright, the property of a third person, not a party herein. Plaintiff also seeks an order directing the application to the payment of his debt, of all income received or to be received therefrom, in excess of the amount justly due defendant.

On August 29, 1928, while the owner of a 5/12 interest in an Osage Indian headright, one Sylvia Rogers Irwin borrowed…