Wilcoxson
Austin v. Wilcoxson
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…