Swan v. Children's Home Soc. of West Virginia

PARKER, Circuit Judge.

This suit was instituted by the Children’s Home Society, an eleemosynary institution of West A^irginia, to establish a trust as against the failed Union National Bank of Fairmont, W. Va., and to secure priority of payment from the assets in the hands of its receiver. The judge below held that the. bank, as successor of the People’s National Bank of Fairmont, was trustee of a fund which had been deposited with that bank for plaintiff, and that plaintiff’s claim on account of this fund was entitled to priority in payment over other creditors of the bank. The case is before…