Parkman

Parkman v. Superior Court

Good Law
1926 Cal. App. LEXIS 294·77 Cal. App. 321·246 P. 334
Court of Appeal of CaliforniaApril 2, 1926Docket No. 5233.California2,016 words

Opinion

Lead Opinion

Houser, J.

Certiorari.

The record herein shows in substance that the respondent Superior Court had jurisdiction in a certain probate proceeding before it wherein final distribution of an estate was ordered, which, in accordance with the terms of the will therein involved, included distribution to W. B. Scarborough Company, a corporation, as trustee in possession of certain real and personal property; that said W. B. Scarborough Company was not legally qualified to act as such trustee; that, although since such distribution a period of more than six months had elapsed, in violation of the provisions of the statute said trustee had failed to file in said Superior Court an inventory of the properties received by it under such order of distribution, and had likewise failed to file any report or account as such trustee; that thereupon petitioner herein had filed a petition in said Superior Court by virtue of which a “citation” was caused to issue to said trustee, commanding it to show cause why it should not be required to file an account, and “why said corporation accepted such trust, to receive, manage and control the property of said estate”; that said corporation duly filed its answer to the…

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