Walrath

Walrath v. Roberts

Good Law
23 F.2d 32·1927 U.S. App. LEXIS 3126
United States Court of Appeals for the Ninth CircuitDecember 5, 1927No. 5226California1,854 words

Opinion

Lead Opinion

Rudkin, J.

On August 13, 1909, Minerva H. Roberts and Willis H. Roberts entered into a written agreement wherein and whereby, for value received, the latter covenanted and agreed to devote and apply his best energies, judgment, and ability during the lifetime of the former, to the advantageous and successful handling and management of certain properties, business interests, choses in action, and other beneficial interests that day transferred and conveyed by Minerva H. Roberts to Willis H. Roberts, subject to the right of the grantee, as owner of the properties, to collect upon or to sell and convert'into money, and to exercise all rights of ownership of and over any and all of such properties at such times and in such manner and upon such terms as in his judgment should seem best. It was further agreed that the grantee should keep true and correct accounts of all business matters, render a statement to the grantor semiannually, showing the true state of the accounts at the date thereof, and pay to the graiitor during her lifetime one-hálf of the net profits arising from the ownership and management of the properties so transferred and conveyed. The agreement further provided that the…

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