French v. Oberreuter

Appeals from the judgments in two cases have been taken by the plaintiff and, on stipulation of the parties, have been combined in a single record. The plaintiff married Irma Swift Oberreuter on October 29, 1949, and she died on March 7, 1962. It was a second marriage for each. The named defendant is her son by a prior marriage and is the executor and trustee named in her will. For convenience he will be referred to hereinafter as the defendant.

On October 20, 1964, the plaintiff brought an action against the defendant, individually and in his fiduciary capacity, seeking $200,000 damages or an…