Freeman

Freeman v. Hopkins

Good Law
32 F.2d 756·1929 U.S. App. LEXIS 3879
United States Court of Appeals for the Ninth CircuitMay 6, 1929No. 5672California3,594 words

Opinion

Lead Opinion

Dietrich, J.

Norman Lee Freeman, claiming to be an heir of Mark Hopkins, deceased, brought this suit for himself and in behalf of about 450 other alleged heirs, a list of whose names is exhibited with the bill. The object of the suit is to establish a trust in favor of all such heirs, in securities of great value which it is charged were the property of Hopkins at the time of his death and which are'presently in the possession of the defendant banks. Generally it is alleged that the securities were fraudulently concealed from the knowledge of the court in the probate proceedings by the deceased’s widow and his brother Moses Hopkins, who were successively administratrix and administrator of the estate, and who were the only beneficiaries named in the decree of distribution, which was entered while the latter was administrator. The two defendants other than the banks are joined apparently because of their alleged participation in the concealment and not because they have any control over the securities, or have ever claimed any interest therein. Sustaining defendants’ motions, the court below entered a deeree dismissing the suit, with prejudice, “because of laches on the part of plaintiff and…

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