French v. Ballantyne

The only question in this case is whether the plaintiffs’ motion to charge Walter Ballantyne, Jr., “Executor of the Estate of Joseph Gschwendtner, as trustee of the principal defendants’ goods, effects and credits,” should have been allowed. The writ was served on the alleged trustee on March 5, 1937, and he answered under oath on March 17, 1937, that he had “No Funds.” In his answers under oath filed on April 14, 1937, to the plaintiffs’ interroga*388tories he stated, among other things, that he was not an executor of the estate of Joseph Gschwendtner, and that he had no goods, effects, and…