Estate of Aldersley

In Re the Estate of Aldersley

Good Law
174 Cal. 366·1917 Cal. LEXIS 801·163 P. 206
Supreme Court of CaliforniaFebruary 5, 1917Sac. No. 2464.California2,893 words

Opinion

Lead Opinion

Lawlor, J.

This is an appeal from an order settling the first and final account of Ellen Williams, as administratrix of the estate of James Aldersley, deceased. She died pending probate and Elbert Aldersley succeeded her as administrator of the said estate, while her daughter, Julia A. McCloud, became her administratrix and legal representative. The case turns upon the validity of certain trust deeds and the distribution to be made of the moneys received from the sale of the trust property.

John Aldersley was the father of four children, all of whom were living at the time of his death. In 1882 he conveyed a certain parcel of land, known as tract No. 1, to three of his children—Ellen Williams, Edwin and William K. Aldersley—in trust for the benefit and use of his son J ames, who is the decedent in this estate. On June 10, 1889, John. Aldersley made a second conveyance of another parcel of land, designated herein as tract No. 2, to the said grantees, also in trust for the benefit and use of said James. On December 4, 1891, John Aldersley died intestate, leaving his four children as heirs, his wife having predeceased him. Thereafter, on February 13, 1892, James Aldersley, who in 1884 had…

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