Way v. Shaver

California Court of Appeal Jan 3, 1906 No. Civ. No. 118.Published

Before: Allen

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Holding. The court held that the trial court erred in granting judgment on the pleadings because the answer's admissions regarding the claim's existence and denial of validity rendered a formal demand upon the trustee unnecessary, and the action did not require prior presentation of the claim against the estate.

Issues

Whether a complaint for the enforcement of a trust is insufficient if it lacks allegations of a demand upon and refusal by the trustee.
Whether the answer's admissions can cure deficiencies in the complaint on a motion for judgment on the pleadings.
Whether a claim against property held in trust must be presented against the decedent's estate as a condition precedent to an action for enforcement.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“In the absence of allegations that the trustee denied the trust, jurisdiction in equity to declare the same would not appear by the complaint alone”

“the answer again comes to the relief of the complaint and admits knowledge of the claim, denies the validity thereof and pleads payment, the effect of which allegations is to admit that a formal demand would have been unavailing”

Synopsis

The facts are stated in the opinion of the court.

ALLEN, J.

Action to declare a certain instrument a deed of trust executed to secure an indebtedness, and for an order of sale. Judgment for defendants upon the pleadings, from which plaintiff appeals.

The complaint avers certain unpaid indebtedness due plaintiff from one Amy Robsart Shaver contracted during the last illness of the latter; that after the same was contracted, to wit, on February 3, 1903, said Shaver conveyed the premises described by deed to defendant Helen Byron Griffiths, upon an express trust “that out of the proceeds of the said property the said Helen Byron Griffiths should pay all the expenses incurred by the said Amy Robsart Shaver during her sickness”; that on February 9th following said grantor died, leaving no estate; that thereafter, by proceedings regularly had in the superior court of Riverside county, upon the complaint of defendant Morrison, guardian of the minor children of said decedent, to which proceedings plaintiff was not a party, such property was declared to be held in trust by said Griffiths for said children; and under order of court a special commissioner conveyed the same to said guardian defendant, who, it is alleged, took such conveyance with notice of the trust in favor of the creditors. Plaintiff, therefore, prays that a trust be declared in favor of plaintiff for the amount of his claim, and that the premises be sold in satisfaction thereof. An answer was filed by defendants, denying the trust, the indebtedness, and notice of the trust by the guardian; and payment of a stun in satisfaction of plaintiff’s claim was alleged.

It is claimed, upon the authority of

Hibernia Savings etc. Soc.

Thornton,

117 Cal. 481, [49 Pac. 573], that on a motion for judgment on the pleadings the allegations of the answer must be ignored and the complaint tested as upon general demurrer. Applying this test alone to the complaint,

[652]

it is insufficient to authorize the interposition of a court of equity to declare a trust; for the defendants are not averred to have denied the same, nor were there any averments that defendants had notice or knowledge of the plaintiff’s claim, nor that the trustee had ever declined or refused to carry out the trust according to its terms. But the case of

Way v. Shaver

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Synopsis

ALLEN, J.

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