Fahrney v. Wilson

Defendant appeals from a judgment declaring that she holds the proceeds of a life insurance policy upon an express trust for the creditors of her deceased husband, Wes Wilson, and directing that she pay to the plaintiff, as such a creditor and as the subrogee and assignee respectively of two other such creditors, the sum of $2,161.39.

Our review of the evidence, which is confined to that most favorable to the respondent, discloses that defendant’s husband operated a substantial log trucking business which had large financial obligations but a relatively small cash reserve. Before applying for…