(Download) "State Nebraska v. Paul J. Rowe" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Paul J. Rowe
- Author : Supreme Court of Nebraska
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The first probate appeal raises the question whether the plaintiffs petition to reopen the conservators account stated a cause of action. The defendants motion to dismiss the petition is treated here as it was below, as a demurrer to the petition. Bell v. Pike, 53 N.H. 473, 475. It is alleged in the petition that Harold W. Skillings while serving as conservator was indebted to Sarah A. Rollins on notes totalling several thousand dollars which the petition describes in detail. It further alleges that as conservator he withdrew a savings account of $3,000 of Sarah A. Rollins, that he collected rents, and other moneys belonging to her but that his final account as conservator, which was filed and allowed by the probate court, showed that he had received no assets, had expended no money and that there was no balance in the conservatorship. The petition further alleges that Skillings thereby acted fraudulently, in violation of his fiduciary trust and that the allowance of his account by the probate court was obtained by his fraudulent representations. While the allegations in this petition may not be "model forms of unimpeachable clarity" ( Geers v. Geers, 95 N.H. 316, 317), they were sufficient to establish a basis for reopening the conservators account and were understandable to both Court and counsel. Ayer v. Messer, 59 N.H. 279, 280; Reed v. Prescott, 70 N.H. 88; RSA 514:8. Although an allegation of fraud couched in general terms is bad on demurrer (Belisle v. Belisle, 88 N.H. 459, 461), the petition alleged sufficient facts and details of the alleged fraud and breach of fiduciary duty to justify denying the motion to dismiss. Butler v. Legro, 62 N.H. 350.
 "State Nebraska v. Paul J. Rowe" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free){kind=link}