Kentfield v. Kentfield

THOMPSON, J.

This is a petition for a writ of

supersedeas.

Howard E. Kentfield and Edward F. Treadwell, as trustees of an express trust, began this action to settle accounts, fix the compensation of the trustees and obtain a determination and declaration of whether the balance of the trust funds in their hands should be held and applied to the support of Edward E. Kentfield or should be paid to Edward E. Kentfield as distributee in the estate of his son, John E. Kentfield. The answer of the defendant Edward E. Kentfield asks for a settlement of accounts and fixing of compensation of the trustees and an order directing the payment of the balance in the trust fund to him. The answer of the defendants Florence E. Kentfield Canon and Ethel C. Kentfield asks that the balance of the trust fund be retained by the trustees and applied by them to the support and maintenance of Edward E. Kentfield.

The trust was created by Edward E. Kentfield for the purpose of paying off his indebtedness to his children and providing for his support during life. The trustees were Edward F. Treadwell and two sons of Edward E. Kentfield, John (since deceased) and Howard. The trustees were to pay to Edward E. Kentfield sufficient sums for his support during life and upon his death the property was to go to his children. The debts to the two daughters and Howard were completely paid off but an indebtedness to John Kentfield in the neighborhood of $9,000 remained unpaid at the time of his death and the note evidencing such indebtedness was distributed to Edward E. Kentfield as his son’s sole heir.

Judgment was rendered settling the accounts and fixing the compensation of the trustees and further determining that the indebtedness of Edward E. Kentfield to his son John was

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not extinguished by distribution of the notes to him but that as holder thereof he was entitled to payment thereof from the trust fund so far as possible and ordering that the trustees pay to Edward E. Kentfield the balance remaining in their hands on settlement of the accounts, or the sum of $10,221.26.

The two daughters, Florence E. Kentfield Canon and Ethel C. Kentfield, beneficiaries under the trust and defendants in the action commenced by the trustees, have appealed from that portion of the judgment adjudging the indebtedness to John was not discharged by the distribution of the notes to Edward E. Kentfield and that Edward E. Kentfield as holder is entitled to payment from the trust estate and directing the trustees to pay to him the balance in their hands.