Ilse v. Burgess
28 Cal. App. 2d 654 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that a complaint seeking to enforce an alleged oral trust against a decedent's estate failed to state a cause of action because it did not allege the creation of a definite trust res, because the debtor-creditor relationship cannot be transformed into a trust relationship without a segregated fund, and because the claim was barred by both laches and the statute of limitations.