In re the Estate of Moore

Good Law
1890 Cal. LEXIS 971·86 Cal. 58·24 P. 816
Supreme Court of CaliforniaSeptember 16, 1890No. 13540California386 words

Opinion

Lead Opinion

Works, J.

— The decedent left a will by which he disposed of a certain water ditch and lands connected therewith, and, among other things, provided in his will that his wife should have the management of the ditch and lands in trust during her life, and that in case of her death, before certain other trustees, grandchildren of his, n-^tmed in the will as trustees, should arrive at full age, \ *59 the management of the ditch should devolve upon his son, also named in the will. The widow came into the court below, in which the settlement of the estate was pending, and voluntarily renounced her management of the property, and consented to the appointment by the court of the son to such management. All of the parties interested in the property appeared and consented to this order substituting the son as manager of the ditch, except the minor trustees, whose right to act as such, and who, upon becoming entitled to act as such trustees, would ¿have but a naked legal title to the property, to hold and manage the same for the benefit of others. These minor trustees were not notified of the pendency of the application for this order, nor did' they appear either in person or by guardian when the…

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