McOmie

McOmie v. Board of Directors of the Veterans' Home

Caution
1927 Cal. App. LEXIS 24·88 Cal. App. 16·263 P. 253
Court of Appeal of CaliforniaDecember 24, 1927Docket No. 3040.California1,122 words

Opinion

lead Opinion

Weyand, J.

By complaint filed in the supe rior court of Napa County on March 9, 1925, the above-named plaintiff alleged that Samuel W. Backus, Hugh M. Burk, B. A. Forsterer, E. L. Hawk, E. B. Hinman, Harry E. Speas, and Walter D. Wagner were the trustees of the Veterans’ Home of California, and that C. de Colmesnil was the secretary-treasurer of said Home. Plaintiff further alleged that one Henry McOmie, the father of plaintiff, died in Napa County on or about April 28, 1922, being at the time of his death a resident of Napa County and an inmate of said Veterans’ Home. That at the time of his death McOmie, the deceased, had on deposit with defendants herein the sum of $794.38. It is further averred that plaintiff herein was the son and only heir of the deceased, and the only person entitled to any share in the estate of said deceased. It is then alleged that said defendants are holding said sum of money “until the same is claimed by any heirs at law of said Henry McOmie, deceased,” and, by further allegation, that said plaintiff “demanded of said defendants the payment of all of said moneys to him . . . but the defendants have refused and still continue to refuse to pay plaintiff said moneys…

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