Hunter

Hunter v. MacFarlane

Good Law
45 F.2d 992
United States Court of Appeals for the Ninth CircuitDecember 22, 1930No. 6158California1,063 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from an order or decree denying a petition for a turnover order in bankruptcy. The appellee was adjudicated a bankrupt in the court below, and the trustee of her estate petitioned the referee for an order decreeing that her equitable estate, or usufructuary interest, in certain property held in trust by testamentary trustees in the Hawaiian Islands, together with all right, title, and interest of the bankrupt in or to the rents, issues, and profits thereof, is a part of the bankrupt estate and subject to administration by the bankruptcy court. In view of the conclusion we have reached on the question of necessary parties, a comprehensive statement of facts is not deemed necessary. Suffice it to say that the appellee is a daughter of James Campbell, deceased, and a beneficiary under the terms of his will, which has been admitted to probate in one of the courts of the Hawaiian Islands. By the terms of the will, the estate is vested in trustees, who are directed by the will to pay semiannually to the appellee and other beneficia *993 ries ccn'tain fixed portions of the rents, issnes, and profits arising out of the trust property in their charge. It is expressly…

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