Durst

Williams v. Durst

Good Law
93 F.2d 807·1938 U.S. App. LEXIS 3670
United States Court of Appeals for the Ninth CircuitJanuary 13, 1938No. 8422California1,404 words

Opinion

Lead Opinion

Garrecht, J.

Appeal under section 24b of the Bankruptcy Act, as amended, 11 U.S.C.A. § 47 (b), is taken from an order of the District' Court denying the petition for review of the order of the referee in bankruptcy approving and confirming the fifth and final report of the trustee, directing payment of expenses of administration, the distribution of certain assets and balance of moneys on hand, and closing the estate.

On March 12, 1936, Walter C. Durst, as trustee in bankruptcy of the estates of Patents Process, Inc., and. of Frank D. Williams, filed his fifth and final report in said estates. The appellant filed his objection to the final report of the trustee and to the petition to close the estate, urging that he claimed all the residue of the money in the hands of the trustee, both as the bankrupt and as assignee of one Ray O. Binger, the assignee of J. Wesley Smith; also that the estate was not in a condition to be closed as the title to the money remaining in the hands of the trustee was in dispute, the money being claimed by Mildred Williams, the former wife of the bankrupt and by the bankrupt, individually and as assignee of one Ray O. Binger; and that until there had been a…

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