Wilson v. Kirby

Citations

• 88 Ill. 566

Syllabus

<p>1. Administration—what is money in trust, to be allowedin sixth class. Where a party bought cattle with his own money for another to pasture and feed, under an agreement that the cattle were to belong to the former, who was to sell the same, and after deducting the money advanced in the purchase, with interest and expenses and commissions, pay over the balance to the latter, and the latter sold a portion of the cattle and received the proceeds before his death, and the money could not be identified, it was held, that such money was not trust money, within the meaning of the statute classifying claims against estates, and that the owner of the cattle was not entitled to have his claim for the same allowed in the sixth class; but as to another lot, sold just before the death of the party intrusted with the cattle, where the proceeds of the sale could be identified, and which came to the hands of bis exeoutor, the owner was entitled to have his claim for his share of the proceeds allowed in the sixth class.</p> <p>2. Another portion of the cattle remained undisposed of at the death of the party who, under the contract, was to feed and pasture them, and were on the pasture of a third person, who held a lien on the cattle for his rent. These cattle were subsequently sold under a stipulation of all the parties interested that the proceeds of the sale should be deposited, to await the settlement of the rights of the parties. It was held, should there remain any surplus of these proceeds, after satisfying the claim for rent., there should he a like allow- , anee in the sixth class to the extent of such surplus.</p> <p>3. Same—statute construed. The clause of the statute relating to the classification of claims against estates of deceased persons, and which gives a preference in cases where the deceased has “received money in trust for any purpose,” does not necessarily extend to and embrace every kind of trust. It does not embrace trusts implied by the law.</p> <p>4. Usu