Blackenburg v. Jordan

Citations

• 86 Cal. 171
• 24 P. 1061
• 1890 Cal. LEXIS 995

Syllabus

<p>Divorce —• Division of Property — Tenancy in Common — Management of Wife’s Interest by Husband—-Personal Trust.—When it is agreed and decreed in a divorce suit that the husband, who remains the owner as tenant in common with the wife of the undivided two thirds of certain real property, one third of which is set apart to the wife, shall manage the property, and pay one third of the net income thereof to the divorced wife in monthly payments, such management is a personal trust, which the divorced husband can neither transfer nor perpetuate, and which is not subject to his testamentary disposition.</p> <p>Id. —Construction of Will —Compensation of Trustee.—When the divorced husband makes testamentary disposition of his own interest in the property, so held in common and managed by him, and appoints his executors as trustees to manage and control the property devised, and the trustees continue to manage the entire property held in common, and to make monthly payments to the divorced wife, the trustees have no control over her one-third interest by virtue of any power under the will, and are entitled to no compensation, commissions, or fees, under the will, for their management and care of such one-third interest.</p>