[Download] "Clay Et Al. v. Hamilton" by In Banc No. 17373 Appellate Court of Indiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Clay Et Al. v. Hamilton
- Author : In Banc No. 17373 Appellate Court of Indiana
- Release Date : January 02, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
HAMILTON, Judge. This is an appeal from a final judgment rendered in proceedings supplemental to execution. The action was instituted by appellee (the former wife of one Earl Higgins) by filing a complaint wherein she seeks to reach certain income from assets held by the appellant, Charles Clay, Trustee in trust for the benefit of Earl Higgins, and have the same applied in satisfaction of an alimony judgment which appellee recovered against the said Earl Higgins in 1923, at the time she was granted a divorce. The facts giving rise to the litigation are as follows: William T. Higgins died testate in Hendricks County, Indiana, in 1920. Item 5 of his last will and testament reads as follows: 'Item 5. I will, devise and bequeath to my friend Lewis W. Borders, of Danville, Indiana, as trustee and to his successor the following described real estate in Hendricks County, Indiana, to-wit: The East 1/2 of the North East 1/4 and the East 1/2 of the North West 1/4 and the South 1/2 of the West 1/2 of the North East 1/4 all in section 33 Township 16 North, Range 2 West, estimated to contain 200 acres more or less, to be managed and controlled and held in trust for the use and purposes as hereinafter provided: If my son Earl Glendon desires to live on said farm and cultivate the same then I direct the said trustee permit my said son Earl Glendon to occupy the same, he the said Earl to pay the taxes and keep up the improvements on said farm, paying only such additional sum therefor as shall be necessary to continue this trust. In the event my said son Earl Glendon Higgins does not desire to occupy said farm under these conditions then said trustee is directed to rent the said farm to the best advantage both for the benefit of the farm and for my said son, and after paying the tax and keep up the improvements on said farm and paying the costs and expenses of the trust, then said trustee is to pay the balance of the income from said farm to my said son Earl Glendon Higgins each year, providing the said Earl Glendon Higgins does not assign set over or attempt to convey his rights herein, in which event said trustee is to at once convey said real estate to the legal heirs of my son Oscar Higgins. If the said Earl Glendon Higgins accepts the terms of this trust then he is to receive the use or the net income from said farm for and during his life and at his death said property is to become the absolute property of the legal heirs of my son Oscar Higgins.