[Download] "Davidson v. Stagg" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Davidson v. Stagg
- Author : Supreme Court of Montana
- Release Date : January 08, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Trusts ? Violation of Trust ? Making Gift of Trust Property ? Statute of Limitations ? Trial ? Evidence in Effect Agreed Statement of Facts ? Submission of Case to Jury Error. Trial ? Evidence on Question at Issue not in Dispute ? Submission to Jury Error. 1. Where the evidence in an action to recover the possession of jewelry claimed as a gift causa mortis was undisputed, as to the fact that such a gift had been made, the case presented in effect one on an agreed statement of facts, the question for decision became one of law for the court, and it was therefore prejudicial error to submit it to the jury. Trusts ? Limitation of Actions ? Recovery of Personal Property ? Gifts ? Conflicting Instructions. 2. Where defendant in an action to recover jewelry held by one in trust for the sons of the donor to be delivered to them upon reaching maturity, claimed it as an unconditional engagement gift from the trustee, but the court, on the subject of limitation of the action, instructed the jury that if the gift had been made in consideration of a mutual promise of marriage ? an issue not presented by pleadings or evidence ? two years prior to the institution of the action, verdict should be for defendant, its action in that behalf was error, the instruction being in conflict with a prior one. Same ? When Statute of Limitations Begins to Run as Between Trustee and Cestui Que Trust. 3. As between trustee and cestui que trust, the statute of limitations does not begin to run until the trustee begins to act in hostility to his continuing obligation, and even then the repudiation of his trust does not set the statute in motion until it is brought home to the cestui que trust. - Page 273 Same ? Gifts ? Status of Person Who Takes Gift from Trustee in Violation of Trust That of Involuntary Trustee ? Statute of Limitations. 4. One who takes personal property from a trustee by way of a gift made in violation of the latters trust, becomes an involuntary trustee thereof (sec. 7900, Rev. Codes 1921), stands in the shoes of the trustee and cannot assert the bar of the statute of limitations unless he repudiates the trust and knowledge of such repudiation is gained by the cestui que trust. Same ? Violation of Trust ? Cause of Action in Cestui Que Trust on Discovery thereof. 5. Where a trustee of personalty charged with the duty of delivering it upon the cestui que trust reaching the age of discretion makes a gift of it to another in violation of his trust, a cause of action accrues to the cestui que trust immediately upon discovery thereof, irrespective of the discretion in the trustee as to when to make delivery. Same ? What Insufficient as Repudiation of Trust to Start Running of Statute of Limitations. 6. The mere fact that defendant, wife of the trustee of jewelry for delivery to his sons when they should become of suitable age, had the physical possession of it, did not of itself constitute a repudiation of the trust so as to start the running of the statute of limitations against the cestuis que trustent.