Guarantee Title & Trust Co. v. Siedhoff

The opinion of the court was delivered by

Thiele, J.:

Plaintiff appeals from an adverse judgment in proceedings in aid of execution, two principal questions being involved. One is whether certain expenditures made by the father of the defendant, Charles F. Smyth, were loans or advancements. This question involves some subdivisions which will be hereafter separately discussed. The other question is whether an attempted restraint on alienation of a devise to Charles F. Smyth, contained in the will of his father, is valid.

On June 16, 1930, the plaintiff recovered a judgment against Charles F.…