Moulton v. Holmes
California Supreme Court
Appeal from an order granting a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, J. ■ After the decision, the appellants filed their petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
McKee, J.:
This was an action brought by the plaintiffs, as executors of the estate of B. F. Moulton, deceased, to set aside a settlement of accounts between the defendants Holmes and Moore, and a release executed in consideration thereof, and to compel an accounting of the dealings and transactions of Holmes in the management and sales of certain real estate held by him as the trustee of Moulton.
It was charged in the complaint, that the settlement was not for the benefit of the estate; that it was made without the authority of the executors and the approval of the Probate Court, and under a…
2Cases cited3 opinions
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Brown v. AyresCalifornia Supreme Court · 1867
- In re ScottNew York Surrogate's Court · 1847
3Cited by9 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Estate of Lucas v. BrownCalifornia Supreme Court · 1943
- Siddall v. ClarkCalifornia Supreme Court · 1891
- Hartigan v. Southern Pacific Co.California Supreme Court · 1890
- Mulville v. Pacific Mutual Life InsuranceMontana Supreme Court · 1897
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