Niblack v. Knox

Citations

• 101 Kan. 440
• 167 P. 741
• 1917 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>T. Will — Minor Beneficiaries — Trusts and Trustees — Duties of ‘Trustees. The will of a testator, in substance, gave to trustees certain lands in Allen county which, at the death of his last surviving child, were to be equally divided between his then surviving descendants per -stirpes and not per capita. Two of the children who were trustees under the will sued the other two, reciting the failure of the widow to take under the will and alleging that complications had arisen and the estate could not he safely administered except under the direction of a court of equity, certain clauses of the will being indefinite, uncertain and contradictory, and praying proper relief. The result was a decree that such land could not be further managed under the trust without manifest prejudice, and that pursuant to certain contracts entered into between the two sons, who were the defendants, it was partitioned between them in fee simple. The sisters resigned as trustees, and the two brothers who had been awarded the Allen county land were appointed their successors. Thereafter, plaintiffs, judgment creditors of one of these sons, sought by this action to subject his part of this land to the payment of their judgments. He filed an interplea setting up his trusteeship under the will, but without avail. Held, that as in none of the proceedings referred to, including the present action, were the grandchildren of the testator, the real beneficiaries under the will in respect to the Allen county lands, made parties, the defendant as trustee should have been permitted to show the actual facts concerning the title.</p> <p>2. Same — Duty of Trustees Toward Minor Beneficiaries. While as between the plaintiffs and the defendant personally the latter might be deemed the owner of the land sought to be applied to the debts of the former, his duties as trustee under the will preclude him from acquiring any interest adverse to his trust, or placing himself in any