Wilcoxson

Austin v. Wilcoxson

Good Law
149 Cal. 24·1906 Cal. LEXIS 211·84 P. 417
Supreme Court of CaliforniaMarch 20, 1906Sac. No. 1272.California2,977 words

Opinion

Lead Opinion

Henshaw, J.

Plaintiff’s complaint alleged that Jackson Wilcoxson and Jefferson Wilcoxson were her granduncles ; that on or about the tenth day of March, 1885, Jackson Wilcoxson delivered to Jefferson Wilcoxson the sum of seventy-five thousand dollars, to be held in trust for, and to be paid to, plaintiff at the time of the death of Jefferson Wilcoxson; that Jefferson Wilcoxson accepted the trust and took possession of the seventy-five thousand dollars; that Jefferson Wilcoxson died in the city and county of Sacramento on the eighth day of April, 1898; that he did not deliver to plaintiff in his lifetime, nor at his death, the sum of seventy-five thousand dollars; that immediately after his death the defendant George H. Wilcoxson “took possession of said sum of $75,000 held in trust for plaintiff as aforesaid, and ever since has withheld and now withholds the sum from the plaintiff”; that after demand defendant has refused and still refuses to deliver the money to plaintiff. Plaintiff prayed judgment that defendant deliver to her the sum of seventy-five thousand dollars, and that in the mean time he be restrained from disposing of any part of it. Defendant answered first by denial. For a…

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