Estate of Scott

181 Cal.App.2d 605 (1960) Estate of EVELYN T. SCOTT, a Missing Person. ROBERT LEONARD EWING SCOTT, Appellant,

v.

CITIZENS NATIONAL TRUST & SAVINGS BANK (a National Banking Association) et al., Respondents.

Civ. No. 23693. California Court of Appeals. Second Dist., Div. One.

June 8, 1960. Robert Leonard Ewing Scott, in pro. per., for Appellant. [606]

Daniels & Mathews and Hallam Mathews for Respondents.

SCOTT (Robert H.), J. pro tem. [fn. *]

Robert Leonard Ewing Scott, husband of Evelyn T. Scott, a missing person, appeals from an order dated September 5, 1958, instructing and directing the trustee of her estate "to take such steps and perform all acts as may be required by law to sell and dispose of all of the right, title and interest of Evelyn T. Scott, a missing person, in the real property located at 217 North Bentley Avenue, Los Angeles, California" and the furniture, furnishings and bric-a-brac therein located.

In a petition filed March 26, 1956, appellant had represented to the trial court that Evelyn T. Scott was last seen on May 16, 1955, and ever since that time has been missing.

On April 20, 1956, the trial court had made an order appointing Citizens National Trust and Savings Bank as trustee of the estate of Evelyn T. Scott, a missing person, "to take charge and possession thereof and to manage and control the same under the direction of this court."

On August 4, 1958, the bank as trustee filed a petition for instructions. It recited part of an order made by the trial court on March 24, 1958, as follows:

"4. Said Trustee is hereby instructed and directed to place the real property together with the furniture and furnishings therein contained located at 217 North Bentley Avenue, Los Angeles, California upon the market for rental purposes and to rent or lease the same as furnished for such rental and upon such terms and to such person or persons as the Trustee in its discretion deems desirable and for the best interests of said estate."

The trustee then stated (in its August 4, 1958 petition) that it had attempted to rent the property but had been unable to do so and expressed the belief that a satisfactory tenant at a satisfactory rental could not be obtained for said premises. It set out that said property was incurring expenses for caretaker, gardener, utilities, taxes, etc., and stated: "that it is for the best interests of said estate that some distribution by way of sale be made thereof." It thereupon prayed for "the order of the above entitled Court prescribing the manner of notice to be given upon the hearing of this petition; that after due consideration of the matters and things herein set forth, your petitioner be instructed with regard thereto and for such other and further relief as the Court deems meet and just in the premise."