Miller v. Ash
156 Cal. 544 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a ward whose guardian had fraudulently concealed the receipt of trust funds and commingled them with assets of another beneficiary could maintain an independent action against the guardian’s estate, notwithstanding the failure of a co-ward’s estate administrator to join the suit or present a claim, because the beneficiaries held several, not joint, interests in the trust property.
Statutes construed
- CCP § 338
- CCP § 339