In re Forestier

On Petition for Removal of Trustee.

[1] It appears from the petition and answer that F. H. Forestier, in February, 1913, made an assignment for the benefit of his creditors to one A. V. Davidson, but that such assignment, a copy of which accompanies the petition, did not comply, or purport to comply, with any of the requirements'of the Civil Code of the state of California, and for that reason was void. It further appears that the assignee conducted the business of the bankrupt for a, period of over a year from the date of such assignment with the con *538 sent of. the creditors, including petitioner; that in July, 1914, an adjudication was made declaring Forestier a bankrupt, and that later M. L. Mayers was appointed trustee; that Mayers is employed in the office of FI. A. Jacobs; and that H. A. Jacobs is and has been attorney for both Mayers, the trustee, and Davidson, the assignee.

It is further averred in the petition that an action should be instituted by the trustee against the assignee to recover the property conveyed to him by the bankrupt, and that such assignee has sold and disposed of the property for a. very trifling and inadequate consideration. These last averments…