Middleton's Trustee v. Middleton

• Decision Date: 15 December 1916
• Citation: 172 Ky. 826,189 S.W. 1133
• Parties: MIDDLETON'S TRUSTEE v. MIDDLETON ET AL.
• Court: Kentucky Court of Appeals

189 S.W. 1133

172 Ky. 826

MIDDLETON'S TRUSTEE v. MIDDLETON ET AL.

Court of Appeals of Kentucky.

December 15, 1916

Appeal from Circuit Court, Shelby County.

Petition by J. R. Middleton's trustee against J. R. Middleton and others. From a judgment directing the trustee to deliver to J. R. Middleton and A. C. Middleton their respective shares in the entire trust estate, the trustee appeals. Judgment reversed, and action remanded, with instructions.

Willis Todd & Bond, of Shelbyville, for appellants and appellees.

MILLER C.J.

In 1895 Mrs. Bessie Middleton and Horace Middleton, her husband executed a deed of trust to the Shelby County Trust Company whereby they conveyed to said company Mrs. Middleton's entire estate, consisting of her personal property, a farm in Shelby county, a house and lot in Louisville, and three large plantations in Hinds county, Miss., upon the trust and conditions therein stated. The deed of trust contained the following clauses:

"To have and to hold unto the second party, its successors and assigns, in trust for the following purposes and no other, for the use and benefit of the first party, Mrs. Bessie Middleton, and during her natural life, with power to dispose of same by last will after her death as herein provided, and at her death to her children; if any of her children be dead at her death leaving children, then the children of such child or children to take the part and interest of said deceased child or children. * * * It is further agreed and provided in this deed that any of the real estate transferred and conveyed under this deed may be sold and conveyed and the proceeds thereof received and collected by the Shelby County Trust Company at any time upon first party, Mrs. Bessie Middleton, joining in conveyance of same. The proceeds arising from such sale to be reinvested in other property, real or personal, to be held by second party or its successors or assigns in the same manner and for the same uses said real estate is held. * * * Mrs. Bessie Middleton expressly reserves to herself the right and power to dispose of the remainder in the estate hereby conveyed after her death by last will; if she should die intestate, then said estate shall pass after her death in the manner provided in this deed. If she should die testate, then, after her death, said estate shall pass as provided in her last will." "The trust by this deed created shall end at the death of Mrs. Middleton and upon her youngest child reaching the age of twenty-one years; but, if there should be a child dead leaving children, the trust shall continue as to the part going to the child or children of such deceased child or children until they shall arrive at the age of twenty-one."

By her marriage with Horace Middleton, Mrs. Middleton had two children, Jesse R. Middleton and A. C. Middleton, both now being more than 21 years of age. Horace Middleton having died, his widow married one Taylor; and after Taylor's death she married Ramsey, by whom she has one child, Hazel Ramsey, who is now under 14 years of age. Mrs. Middleton's estate was large and valuable; but as she was young and inexperienced in business affairs, and in feeble health, the deed of trust was made, in order that the trust company might relieve her of the burden of its care and attention, and handle her affairs so as to produce a larger income than she had been able to make. The Shelby County Trust Company changed its title to that of the Shelby County Trust & Banking Company, and under its new title is now executing the trust. Mrs. Middleton died intestate on April 5, 1912. On July 1, 1916, the trustee filed this petition in equity against Mrs. Middleton's three children and the guardian of her daughter, Hazel Ramsey, setting up in detail the acts it had done in the performance of the trust in so far as they related to the three plantations in Hinds county, Miss.

The petition shows that Mrs. Middleton had retained control of these plantations during her life, as she had the right to do under the deed of trust, and that upon her death it was found that the plantations were badly run down, and the improvements were sadly in need of repairs. On the Dupre Place, containing 960 acres, there were 11 negro tenant houses; on the "Austin Place," containing 469 acres, there was a mansion house and 8 negro tenant houses while on the "Matthews Place," containing 237 acres, there were 4 negro tenant houses, or cabins. The boll weevil, an insect that preys upon cotton, had invaded that section of Mississippi to such an extent as to greatly discourage, for a while, the growing of cotton, and had caused the tenants to leave the country. Of late, however, conditions in Mississippi have greatly improved in that respect, and the prospects for the profitable growing of cotton in that ...