Hurley v. Hurley

The complaint purports to cast the defendants in the position of trustees of certain real property in which the decedent, father of the plaintiff and of one of the defendants-appellants and husband of the other defendant-appellant, is alleged to have had the beneficial interest and power of disposition during his life. The charge of the complaint is that the defendants have been in possession and have collected the emoluments and rents of the property since decedent’s death and have failed, refused and -neglected to account to plaintiff or to the estate.

Assuming that the allegations of the…