Maxwell's Trustee v. England

• Citation: 74 S.W. 1091,115 Ky. 783
• Parties: MAXWELL'S TRUSTEE v. ENGLAND.
• Decision Date: 03 June 1903
• Court: Court of Appeals of Kentucky

74 S.W. 1091

115 Ky. 783

MAXWELL'S TRUSTEE v. ENGLAND.

Court of Appeals of Kentucky.

June 3, 1903

Appeal from Circuit Court, Marion County.

"To be officially reported."

Motion for a rule to show cause by Cora Maxwell's trustee against E. L. England. From a judgment overruling a demurrer to response to the rule, movant appeals. Reversed.

Thompson & Spalding, for appellant.

E. L England, pro se.

BURNAM C.J.

At the January term, 1900, of the Marion circuit court, a judgment was entered in the equity suit of Cora Maxwell against Mrs J. Ann Hood, etc., appointing the appellant, J. M. Knott trustee of a fund of $1,000, devised by Elizabeth Chandler to Cora Maxwell for and during her natural life, and at her death to Mrs. Hood and Joseph E. Shelby equally, which was at that time in the hands of the appellee, E. L. England, as master commissioner of the court, the fund having arisen from the sale of real property belonging to the estate of Elizabeth Chandler sold under judgment of the court in the settlement of her estate, and the appellee was directed by the judgment to pay the $1,000 to appellant after his qualification as trustee. The appellant, Knott, accepted the appointment, executed the bond in conformity with the judgment, and duly qualified as trustee, and thereafter demanded of the appellee, England, that he should pay over to him as trustee for Cora Maxwell the $1,000 as as directed by the judgment. This appellee refused to do, and subsequently appellant moved the court to grant a rule against appellee to show cause why he should not be compelled to comply with the judgment and pay over the money. Cora Maxwell, by attorney objected to the rule, and appellee, E. L. England, filed the following response to the motion for a rule: He says that "at the January term, 1900, of this court, a judgment was entered in favor of plaintiff for $1,000.00 to be held in trust; that thereafter a supersedeas bond was executed superseding all of said judgment except the $1,000.00, and that said judgment directed the said sum to be paid to the trustee, and immediately this respondent made arrangement to pay said sum to said Knott, when the attorney for the plaintiff in whose favor the judgment was rendered and by whom it was controlled, ordered and directed this respondent in most emphatic terms not to pay over the said sum to said Knott, but to hold same and pay the interest to the plaintiff semiannually. The respondent says that Cora Maxwell is over fourteen years old, and is married. This respondent has at various times loaned out to good and solvent parties various portions of said sum, and it is now bearing interest. Wherefore said respondent asked for the...