unclebuck1
Junior Member
What is the name of your state?OREGON
IS THERE A CRIME HERE?
A 10 acre piece of riverfront property is owned through a trust by 2 people. The trust agreement on the property states as follows: "trustee and trustor shall share equally in any benefit or income from the above described real property or in the proceeds from any sale of said property". The part that says "income from" would mean sale of timber, cordwood, sand, gravel, boulders, top soil or anything of value that was on the land.
Trustee had a contractor clear about 5 acres or 1/2 of the land (remove brush and fallen trees etc.) and build a boat ramp on the riverbank. Along this riverbank is an old levee made-up of very large boulders. The kind you now see used in landscaping etc. I consider these boulders an asset as they retail in the neighborhood of $300 to $500 each when used in landscaping.
These boulders were not necessary to remove to build the boat ramp. No accounting has been given as to what happened to the boulders (approx. 850,000 lbs.). I don't know if they were sold or given away.
If they were sold then the trustee owes the trustor 1/2 the sale price. If they were given away, that's another matter. The trustee can give away his 1/2, but not the 1/2 belonging to the trustor.
Can I prosecute for theft or whatever?
IS THERE A CRIME HERE?
A 10 acre piece of riverfront property is owned through a trust by 2 people. The trust agreement on the property states as follows: "trustee and trustor shall share equally in any benefit or income from the above described real property or in the proceeds from any sale of said property". The part that says "income from" would mean sale of timber, cordwood, sand, gravel, boulders, top soil or anything of value that was on the land.
Trustee had a contractor clear about 5 acres or 1/2 of the land (remove brush and fallen trees etc.) and build a boat ramp on the riverbank. Along this riverbank is an old levee made-up of very large boulders. The kind you now see used in landscaping etc. I consider these boulders an asset as they retail in the neighborhood of $300 to $500 each when used in landscaping.
These boulders were not necessary to remove to build the boat ramp. No accounting has been given as to what happened to the boulders (approx. 850,000 lbs.). I don't know if they were sold or given away.
If they were sold then the trustee owes the trustor 1/2 the sale price. If they were given away, that's another matter. The trustee can give away his 1/2, but not the 1/2 belonging to the trustor.
Can I prosecute for theft or whatever?