Bowlin v. Citizens Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; W. A. Falconer, Chancellor; 1. A trust can not be attached to a full estate. It can not be attached to a greater one than a life estate. There must be a preceding estate.
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Appeal from Crawford Chancery Court; W. A. Falconer, Chancellor; 1. A trust can not be attached to a full estate. It can not be attached to a greater one than a life estate. There must be a preceding estate. By purchasing the remainder, appellants became the owners of the full legal title, and the life estate was extinguished and merged and the trust terminated under the doctrine of merger of estates and acceleration of remainders. 16 Cyc. 665; 5 Words & Phr. 4492-3, 70 S. W. 414; 1 Jones on Mortg. (4 Ed.), § 848. The remainder here was vested and as such could be and was conveyed. 38 S. W.…
1Opinion of the CourtHumphreys, J.
Appellants brought suit against appellee, as trustee for John Bowlin and Mattie Bowlin, and as executor of the last will of William Bowlin, deceased, in the Crawford chancery court, to terminate a trust and recover the trust fund amounting in round numbers to $22,000.
A demurrer to the bill was sustained. Appellants refused to plead further and 'the bill was dismissed for want of equity. From the decree dismissing the bill, an appeal has been prosecuted to this court.
The alleged trust was created by the eighth clause of the last will of William Bowlin, deceased, which is as follows, towit:
“I…
2Cases cited8 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Asche v. . AscheNew York Court of Appeals · 1889
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Evansville Gas-Light Co. v. State ex rel. ReitzIndiana Supreme Court · 1881
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- Cotham v. First National Bank of Hot SpringsSupreme Court of Arkansas · 1985
- Driver v. DriverSupreme Court of Arkansas · 1933
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