Mix v. Yoakum

200 Cal. 681 ·

Supreme Court of California · Filed

Published · citable

Holding

The court held that an amended complaint alleging an express trust and seeking recovery as a general creditor stated a cause of action sufficient to survive a general demurrer, even absent allegations that the trust fund could be traced to specific property in the estate's possession or that a demand for repayment had been made upon the decedent during his lifetime.

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