Rogers v. Bank of America Nat. Trust & Sav. Ass'n
| Court | California Court of Appeals |
| Writing for the Court | NOURSE |
| Citation | 294 P.2d 959,140 Cal.App.2d 228 |
| Parties | Roy A. ROGERS, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Administrator of the Estate of Elizabeth A. Rodgers, also known as Elizabeth A. Rogers and E. A. Rodgers, alias Lizzie Green, deceased, et al., Defendants and Respondents. Civ. 16687. |
| Decision Date | 26 March 1956 |
Page 959
v.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Administrator of the Estate of Elizabeth A. Rodgers, also known as Elizabeth A. Rogers and E. A. Rodgers, alias Lizzie Green, deceased, et al., Defendants and Respondents.
[140 Cal.App.2d 229] R. A. Rogers, in pro. per.
Dreher, McCarthy & Dreher, San Francisco, for respondents.
NOURSE, Presiding Justice.
Plaintiff appeals from a judgment entered on the sustaining without leave to amend of a demurrer to his fourth amended complaint against the administrator of the Estate of Elizabeth A. (Green) Rodgers, hereinafter called the decedent. To all four prior drafts demurrers had been sustained with leave to amend. All demurrers contained among other grounds that the complaint did not state facts sufficient to constitute a cause of action and that plaintiff had no legal capacity to maintain the action. We have concluded
Page 960
that the fourth amended complaint also suffers from said and other defects.The basis of the complaint in all its forms is that decedent allegedly stole or took by fraud from plaintiff's grandmother Flizabeth McConnell real and personal property, and that she commingled the moneys and securities so obtained with her [140 Cal.App.2d 230] own. Decedent was a daughter of the second marriage of Elizabeth McConnell, whereas plaintiff is the only issue of Maria T. Rogers, a daughter of the first marriage of Elizabeth McConnell. Elizabeth McConnell died in San Francisco on March 27, 1906. Several more descendants of hers are mentioned in the complaint--the children of decedent as defendants--but none of them seem to have been served and they are not parties to the action. It is further alleged that in September 1947 and April 1948 decedent informed plaintiff that she held property which belonged to plaintiff as his share in the estate of Elizabeth McConnell from whom she had wrongfully taken it, which matters she had fraudulently concealed from the heirs and next of kin of Elizabeth McConnell, and that decedent had then promised fully to account therefor to plaintiff, but that she left California on October 17, 1948 taking her possessions with her, and that she died in Georgia on March 8, 1950 without rendering the accounting promised.
Plaintiff timely filed his claim in the estate of decedent, but it was rejected. Plaintiff's prayer is in substance that he recover his share of the Estate of Elizabeth McConnell which decedent held for plaintiff's benefit, that the administrator of the estate of decedent account for the property so held and that a trust be imposed on the assets of the estate of decedent for the value of plaintiff's said interest.
The allegations as to decedent's depredations in the 4th amended complaint are brief. Many details contained in the 2nd and 3rd amended complaints among others as to the time of the alleged acts, are omitted from the last complaint allegedly on the ground that they were 'irrelevant, redundant and evidentiary.' It is not contended that they were incorrect or that the several...
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In re Estate of Bleeker, No. 102,936.
...District Court of the Ninth Judicial Dist., 190 Mont. 185, 619 P.2d 1201 (1980); Rogers v. Bank of America Nat. Trust and Sav. Ass'n, 140 Cal.App.2d 228, 294 P.2d 959 (1956); In re Mendelson's Estate, 17 Misc.2d 845, 187 N.Y.S.2d 139 (1959); Schaefer v. Schaefer, 89 Wis.2d 323, 278 N.W.2d 2......
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Regus v. Schartkoff
...to make a satisfactory explanation, it is proper to sustain a demurrer without leave to amend, citing Rogers v. Bank of America, 140 Cal.App.2d 228, 294 P.2d 959, and cases there mentioned which so hold. The rule stated is subject to the limitation [156 Cal.App.2d 392] that if a proper expl......
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Payne v. Bennion
...793, 797, 279 P.2d 777; Bollotin v. California State Personnel Board, 131 Cal.App.2d 197, 202, 280 P.2d 509; Rogers v. Bank of America, 140 Cal.App.2d 228, 230, 294 P.2d 959; Campbell v. Campbell, 157 Cal.App.2d 548, 554, 321 P.2d 133 and Tostevin v. Douglas, 160 Cal.App.2d 321, 327, 325 P.......
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Manti v. Gunari
...an action for recovery of personalty. (Hall v. Alexander (1937) 18 Cal.App.2d 660, 663, 64 P.2d 767; Rogers v. Bank of America (1956) 140 Cal.App.2d 228, 232, 294 P.2d 959.) Plaintiff alleged such capacity, but no admission was made nor proof offered on the This was a savings account, not a......
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In re Estate of Bleeker, No. 102,936.
...District Court of the Ninth Judicial Dist., 190 Mont. 185, 619 P.2d 1201 (1980); Rogers v. Bank of America Nat. Trust and Sav. Ass'n, 140 Cal.App.2d 228, 294 P.2d 959 (1956); In re Mendelson's Estate, 17 Misc.2d 845, 187 N.Y.S.2d 139 (1959); Schaefer v. Schaefer, 89 Wis.2d 323, 278 N.W.2d 2......
-
Regus v. Schartkoff
...to make a satisfactory explanation, it is proper to sustain a demurrer without leave to amend, citing Rogers v. Bank of America, 140 Cal.App.2d 228, 294 P.2d 959, and cases there mentioned which so hold. The rule stated is subject to the limitation [156 Cal.App.2d 392] that if a proper expl......
-
Payne v. Bennion
...793, 797, 279 P.2d 777; Bollotin v. California State Personnel Board, 131 Cal.App.2d 197, 202, 280 P.2d 509; Rogers v. Bank of America, 140 Cal.App.2d 228, 230, 294 P.2d 959; Campbell v. Campbell, 157 Cal.App.2d 548, 554, 321 P.2d 133 and Tostevin v. Douglas, 160 Cal.App.2d 321, 327, 325 P.......
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Manti v. Gunari
...an action for recovery of personalty. (Hall v. Alexander (1937) 18 Cal.App.2d 660, 663, 64 P.2d 767; Rogers v. Bank of America (1956) 140 Cal.App.2d 228, 232, 294 P.2d 959.) Plaintiff alleged such capacity, but no admission was made nor proof offered on the This was a savings account, not a......