McGrath v. Carroll

Holding

The court held that a beneficiary of an express trust who is unable to trace the specific trust property into the hands of a deceased trustee’s personal representatives must present a claim against the estate, and that such a claim is subject to the statute of limitations from the time of the first publication of notice to creditors. Furthermore, a plaintiff’s action against the estate is strictly limited to the claim as presented; a complaint alleging a new, un-presented cause of action based on trust principles constitutes a fatal variance from the rejected claim.