Legal Opinion

Kiffner v. Kiffner

Supreme Court of Iowa

Decided April 11, 1919PublishedCited by 17 opinions

Appeal from Bremer District Court. — M. F. Edwards, Judge. This is, in effect, a creditor’s suit, wherein the creditor, as plaintiff, seeks to subject to her judgment a testamentary trust fund, on the theory that the judgment debtor, as the beneficiary of the trust, is the equitable owner of the fund. There was a decree dismissing the petition, and the plaintiff has appealed.

1Opinion of the CourtEvans, J.

The judgment debtor is the defendant Charles H. Kiffner. By the will of his father, he was a qualified legatee, to the amount of $10,000, to which a condition was attached that the sum should be held in trust, by Frank A. Kiffner, as trustee, to whom was given the full and unlimited power of control over such fund “as, in his discretion and judgment, may be deemed wise and prudent, without any restriction or restrictions whatsoever.” The trustee was specifically authorized to pay to Charles Kiffner, from time to time, such sum “as, in his judgment and discretion, may be deemed wise, prudent,…

2Cases cited5 opinions

  1. Nichols v. EatonSupreme Court of the United States · 1875
  2. Meek v. BriggsSupreme Court of Iowa · 1893
  3. Olsen v. YoungermanSupreme Court of Iowa · 1907
  4. Robertson v. SchardSupreme Court of Iowa · 1909
  5. Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912

3Cited by17 opinions

  1. Loeb v. LoebIndiana Supreme Court · 1973
  2. Davison v. Duke UniversitySupreme Court of North Carolina · 1973
  3. San Diego Trust & Savings Bank v. HeustisCalifornia Court of Appeal · 1932
  4. Collins v. CollinsSupreme Court of South Carolina · 1961
  5. In Re Estate of ToneSupreme Court of Iowa · 1949

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