AUERBACH v. SAMUELS

No. 9090.

10 Utah 2d 152 (1960)

349 P.2d 1112

BESSIE AUERBACH, MADELINE A. WERNER, AND SELMA A. MOHR, PLAINTIFFS AND APPELLANTS, v. FANNIE F.A. SAMUELS ET AL., AND WALKER BANK & TRUST COMPANY, AS TRUSTEES OF THE TESTAMENTARY TRUST CREATED UNDER THE TERMS OF THE LAST WILL AND TESTAMENT OF FREDERICK S. AUERBACH, DECEASED, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

March 3, 1960.


Attorney(s) appearing for the Case

C.M. Gilmour, Reichman, Vernon & Bennett, Salt Lake City, for appellants.

Fabian, Clendenin, Mabey, Billings & Stoddard, Albert J. Colton, Salt Lake City, for respondents.


CROCKETT, Chief Justice.

This proceeding involves an effort of the plaintiffs to establish a constructive trust of $40,000, plus interest, for unpaid legacies claimed under the will of Frederick S. Auerbach. From a dismissal on the grounds of the statute of limitations and laches they appeal.

The plaintiffs are three survivors of four sisters of deceased, who were named in his will as legatees for $10,000 each on this contingency: "In case the net value of...

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