Legal Opinion
Collins v. Phillips
Supreme Court of Iowa
Decided May 19, 1894PublishedCited by 8 opinions
Appeal from Appanoose District Court. — Hon. E. L. Burton, Judge. This controversy involves the ownership of certain trust funds which are in the hands of the defendant, J. C. Phillips. The action is in equity, and it was found that the plaintiff was not entitled to any part of the funds, and that certain interveners in the action had no claim on the same. The plaintiff and the interveners appeal.
1Opinion of the CourtRotheock, J.
I. The suit is founded upon a certain instrument in writing, which is in these words:
“Centeeville, Iowa, February 8, 1884.
“J". Phillips.
“Sie: I wish to say to you, in regard to the money that I have placed in your hands for the use and benefit of Ella Cole, that as long as she remains the wife of Ed Cole, that it is my wish that you should pay her each year, or oftener, as you may think best, such interest as you may be able to pay from the money secured from me for that purpose, but none of the principal as long as she remains his wife.
“[Signed] B.'Bowen.
“If the said Ella Cole should die,…
2Cited by8 opinions
- Tamm, Inc. v. PildisSupreme Court of Iowa · 1976
- Furenes v. SevertsonSupreme Court of Iowa · 1897
- Hogan v. SullivanSupreme Court of Iowa · 1901
- Dunn v. Dunn TrustSupreme Court of Iowa · 1935
- Rapp v. H. Linebarger & SonSupreme Court of Iowa · 1910
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