Sullivan
Sullivan v. Lusk
Opinion
Lead Opinion
Chipman, J.
Motion to change the place of trial. The complaint sets forth that plaintiff was a trustee under the will of Lucy C. Goodspeed of certain real property situated in Butte county, devised to plaintiff in trust for the benefit of the minor children of the said Lucy C. Goodspeed, deceased; that said real estate was distributed to plaintiff to so hold in trust, by the superior court of the city and county of San Francisco in December, 1902; that said trust terminated when said children became of age and that they have become of age; that in the matter of said trust plaintiff was represented by defendants as his attorneys; that plaintiff has filed and caused to be settled his final account as such trustee, and by order of the court “this plaintiff was allowed the sum of $2,595, as compensation for attorneys employed by him in the matter of said trust”; that he has not paid the said sum to either of said defendants or to any* other person, and that defendants make conflicting claims thereto, defendant Hanlon claiming the whole of said sum and defendant Lusk claiming one-half of said sum; that plaintiff has tendered said Hanlon $1,297.50, being one-half of said sum, but that he refused to…