McAdoo v. Sayre

145 Cal. 344 ·

Supreme Court of California · Filed November 12, 1904

Published · citable Cited by 2

Holding

The court held that a superior court, in a proceeding to settle a testamentary trustee's final account under Code of Civil Procedure section 1699, possesses the inherent jurisdiction and duty to determine the identity of the persons entitled to the trust property upon termination of the trust and to order the trustee to deliver the property to those rightful beneficiaries.

Statutes construed

CCP § 1613
CCP § 1647
CCP § 1697
CIV § 1330

Cited by (2)

In the Matter of the Estate of LAURA E. HUBBELL, Deceased. CALIFORNIA TRUST COMPANY (a Corporation), Individually and as Trustee, etc., Appellant, v. CHAUNCEY E. HUBBELL, Respondent (1932) 121 Cal. App. 38
Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents (1986) 177 Cal. App. 3d 1071