Estate of Scott

150 Cal.App.2d 590 (1957) Estate of EVELYN T. SCOTT, a Missing Person. L. EWING SCOTT, Appellant,

v.

CITIZENS NATIONAL TRUST AND SAVINGS BANK OF LOS ANGELES, as Trustee, et al., Respondents.

Civ. No. 22004. California Court of Appeals. Second Dist., Div. Three.

Apr. 30, 1957. Beardsley, Hufstedler & Kemble and Seth M. Hufstedler for Appellant.

Daniels, Elson & Mathews and Ernest W. Pitney for Respondents.

VALLEE, J.

Appeal from an order appointing a trustee of the estate of Evelyn T. Scott, a missing person. [591]

E. Raymond Throsby, a brother of Mrs. Scott, instituted this proceeding by filing a petition for his appointment as trustee of her estate. The petition alleges that Mrs. Scott is missing; she has property which requires care and attention; she has no living parents or brothers or sisters with the exception of petitioner; and she is reputed to be married to L. Ewing Scott but, on information and belief, he had not taken any steps to preserve her property, and his interests are antagonistic to her estate. L. Ewing Scott filed objections to the petition, alleging he and Evelyn T. Scott are husband and wife; she is a missing person; Throsby was not entitled to appointment and is not a fit or proper person to act. L. Ewing Scott did not ask that he be appointed trustee. He filed a document nominating The Farmers and Merchants National Bank of Los Angeles as trustee and an acceptance by that bank should it be appointed.

After hearing the court found: 1. Evelyn T. Scott is a missing person and owns property in the county of Los Angeles which requires immediate care and attention. 2. A trustee should be appointed. 3. L. Ewing Scott is the husband; Throsby, the brother of Evelyn. 4. Evelyn has no children, no living parents, and no other brothers or sisters. 5. Throsby is not a suitable person to act as trustee. 6. L. Ewing Scott is not a suitable person to act as trustee. 7. "L. Ewing Scott, after the disappearance of his wife, Evelyn T. Scott, failed to take steps to conserve her estate; and that there is a substantial conflict of claim and interest between L. Ewing Scott, husband of Evelyn T. Scott, and the Estate of Evelyn T. Scott; and for that reason the nominee of said L. Ewing Scott, The Farmers and Merchants Bank of Los Angeles, is not suitable to take charge and possession of such estate and manage and control it and is not entitled to appointment." 8. There is no person entitled to participate in the distribution of the estate, were Evelyn dead, who is suitable to act as trustee. 9. Citizens National Trust and Savings Bank of Los Angeles is a suitable person to be appointed trustee and has consented to act. On April 20, 1956, an order was made appointing that bank trustee. L. Ewing Scott appeals from the order.