Julia L. Boston, Trustee in Bankruptcy on the Estate of Luella v. Gardner v. Luella v. Gardner, Bankrupt

MERRILL, Circuit Judge:

By decree of divorce entered some years ago appellee, now an Oregon bankrupt, was awarded custody of the minor child of the parties to the marriage, and the father was ordered to pay $40 per month for support of the child. At the time of bankruptcy the father was in arrears in making support payments.

The trustee, on behalf of creditors of the bankrupt, claimed the judgment for accrued support payments as an asset of the bankrupt’s estate. A payment offered in full satisfaction of that judgment was made by the father. The trustee here, over appellee’s opposition, seeks…