The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-11-06
<DS OF RANCFER
Iegvv1TINDLED OUT OF
HUGE ESTATE
.o.,.inued frsm page twOl

fCbn1nuS"
II. own; neither kept nor
. go any account of his
renoe'e and his conduct
tFaA,'.hout Is irreconciliable
FS tSe intention to perform
Sl a.o~nepment. There 10 not a
b, .. sS Of excuse for his neg
, nv =. Walker. 9 wallace,
"a eourt Of equity, the es-
+. la /. guardian Of trusts, will
~ tolerate excuses Of this
nO t, an the part Of a trustee,
81 sO.' omitting to discharge his
I ~ TO his cestui que trust.
S TS:ra Is. therefore, no hesita-
am N the court to allow, In
,Ss adjustment of the trus-
. ~. account, TIE interest to
T - compounded annually. II
-. been argued with earn
~, "stness that this Is a case for
soTsre treatment, and that
,Ss master should have allow
:. - semi.annual rests; but we
.-s not at liberty to discuss
tbs subject, as the court are
sGualIy divided in opinion up
an the question which it pre-.
cents"
Walker v. Walker. 9 Wal
lace, at page 1877.
when Gilbert, the executor and
elbert, the cashier, first, and
later the president Of the Bank Of
n;IIon directed the deposit Of
rSs554.46 Of the Estates funds
into the checking account of &c.
Ella Montgomery and cashed
checks on it to a balance of SAT-
%. without voucher to be flee
and without such voucher actually
afterwards filed and left with the
probate court, it was a conversion
and were there no other facts IL
the case showing the conspiracy
both Gilbert and the Bank are
liable to the estate for all Of it
aThe entry Of the check to th'
personal credit Of the guardian b!
the bank was a conversion Of thu
fund by both. Upon the making
ct such entry the bank became
trustee Of the fund, and becamC
liable therefor, and could be saves
from being compelled to accoun
to the wards therefor only upol
the guardians subsequent tru
administration thereof and sc
counting therefor" u. S. Fid 1
Guar. Co. " Peoples BAN
= (Tenn.l 1877 S. w. Ala. Sea ais
Dpckett y. Natioanl Mechanic
Bank tMd.) SO Am. st. Rep. 81
and a concise little note by Nj
"A. c. Freeman.
The order of sale mentions thi
dover right as being sold, 487 :
IL, and orders a private sale, 4S
R. %. The notice Of sale include
The dover right, 491 r. 10. TIL
bid as to Dummy Clemow is $41
1890, including dover interest,"
sos R. 16. Dummy Peterson bi
&2,665.2O. Even though the dun
mics and the executor were usin
stage money they were $47, 642.C
short Of the requirement Of st;
tute as to- q bid at private sal
This invalidated any title process
mg therefrom. It was on the Ia
Of the record and binding on q
subsequent purchasers.
"If q case Of fraud be es.
tablished equity will set aside
gu transactions founded upon
it. by whatever machinery
they may have been effected,
:: and Notwithstanding any cen
!Flvances by which IL may
nave been attempted to pro-
tect them. It is immateriaL
therefore, whether such mach
merry and cOntrivances cOnsis.
ted Of a decree Of equity, and
purchase under it, or Of q
Judgment at law, or of other
transactions between the &C.
tors in the fraud. These
principles control the present
ease, which, although invOlv-
ing rights arising under judi
elal proceedings in another
Jurisdiction, is an original, In
dependent suit for equitable
relief between the parties
such rOlioe hasv.. eyr0uwdnd