Pohlman

Smith v. Pohlman

Good Law
1929 Cal. App. LEXIS 751·97 Cal. App. 693·275 P. 997
Court of Appeal of CaliforniaMarch 20, 1929Docket No. 6207.California543 words

Opinion

Lead Opinion

Houser, J.

Briefly, the record discloses that the plaintiffs are the sons of defendant; that certain funds having come into the hands of all the parties, in which each was equally pecuniarily interested, the entire amount was placed in the hands of the mother in trust; thereafter, following various successful business transactions therewith, a portion of the funds was invested in land, the title thereof being held in the name of the mother, and the remainder of the funds was distributed imequally among the parties. Unhappy differences having arisen as between the sons on the one side and the mother on the other, an action was commenced by the sons against the mother, which resulted in a judgment to the effect that as to angundivided two-thirds of the land the mother held the title thereto in trust for the sons—so that each of the parties was entitled to an undivided one-third interest in the land. As to the remaining assets of the trust, consisting of personalty, a reference for an accounting was ordered to the end that “when the amounts due to each of the parties are determined by such referee, the parties hereto shall be entitled to a judgment for the amounts due to them…

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