Miller v. California Trust Co.

The California Trust Company is executor of the will and estate of Russell H. Ballard, deceased, and as such appeals from a judgment awarded in a jury-waived trial, to Carrie Borden Miller, as executrix, of the estate of John B. Miller. It is claimed that the court erred in ruling upon matters of law incidental to the questions involved; also, that certain findings are not supported by the evidence before the court.

Messrs. Ballard and Miller were closely associated in business for many years, both being officers of one of the major industrial corporations of southern California. During the latter part of 1931, Mr. Ballard received from Mr. Miller on several occasions various blocks of stock in different companies. On January 15, 1932, he signed and delivered to Mr. Miller a document reading as follows:

At the same time Mr. Ballard entered into an agreement in writing with Mr. Miller, dated January 15, 1932, acknowledging his receipt of the various items of stock which Mr. Miller had delivered to him in the preceding half-year, and containing the following language:

Both Mr. Miller and Mr. Ballard died in the year 1932, and within the statutory period allowed for presentation…