The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-10-18
IMPORTANT DECISION.

Opinion Of Judge Iiancs In tho Norton
SeWJcRril!e herald. Thursday.
Judge 1Iance this afternoon, in the
case OF the Ashland National Bank ct al.
vs.. Diana G. Norton ct al, gave the fol-
lowing decision:
On the 9th day OF July, 1861. Edward
NJ. Norton and his then wife, Diana G.
Norton, by deed conveyed to one James
S. Wheat in fec simple n tract Of land
situate in this county for the following
uso and purposes, that is TO say: "For
the sole and separate use Of Diana G.
Norton, freed from the interest or con-
troll OF her said husband, and OF any lia-
bility for the payment Of any debt con-
tracted by him, and from the %recoursein
any manner whatever from any creditor
OF his. Should the said Edward NJ.
Norton survive his wife, they for the
use and occupation Of the said Edward
NJ. Norton for and during bis natural
life; il at any time during the life Of the
said Diana Q. Norton she shall require
and shall in writing go direct, the
James S. Wheat shall sell and con
Tey the said tract Of land
above described in such manner, and
for such price and upon such terms Of
payment as she may in writing direct,
and shall pay over the proceeds to her
upon her own receipt, or reinvest the
same in such manner as she may in like
manner direct; the iunds then ~reinves-
ted, to be held under the same truat as
herein provided. Upon the death OF tie
longest lived OF the said Edward NJ. Nor
ton and Diana G. Norton, his wife, the
said party OF the second part shall con-
rey llesaid tract OF land above described
TO the children OF the bodies OF the said
parties Of the first part, living at the
time ofthe death OF the longest lived OF
them or to the children OF such children
lawfully bcgotten, per stripes; should
any Of the children aforesaid die leaving
issue before the death OF the longest
lived aforesaid; should the longest lived
Of the parties OF the first part die with.
out issue OF their bodies, then shall the
party OF the second part convey the said
tract Of land above described to the
right heirs Of the said Edward NJ. Nor.
ton with covenant OF special warranty"
Edward NJ. Norton has died. Wheat,
the trustee, has also died, and Mr.. Hays
has been duly appointed to execute the
trust created by said deed.
The plaintiff, Ashland National Bank,
having recovered q judgment against
the said Diana G. Norton, has instituted
this suit against her, the trustee, and
thus the petition being in the nature OF
a creditors bill, setting up the judgment
averfiug that she has no property Sub.
ject 10 levy and sale on execution and
that the land go conveyed in
trust be subjected to sale to satisfy the
judgment against her. To the petition
the plaintiff Diana q. Norton and Mr..
respectively demur.
The question presented by each Of
the dcmurrers is whether the land may
aud should in equity be subject to the
payment OF the judgment against Diana
.. Norton. To ascertain what the in.
forest Of Diana q. Norton in the deed
ia, reference must be had to the deed
made to James Wheat. In addition to
the right TO use and enjoy the land, she
is authorized by express provisions in
the deed to require the trustees to sell
and convey the land and to pay to her
the proceeds, such proceeds to be abso.
lutely her property. Thus Is Diana G..
Norton invested with the right 10 exer-
else complete dominion over the land-l
rs fully as though the legal title was in
her. Having the power 10 cause the
land to be Convertedin into money and the
right to dispose OF the money to her own
use, and being under a moral and legal
duty to apply means within her control
and belonging to Der, to the payment OF
her debts, the Law will compel her to
cause such conversion and 10 apply the
proceeds in discharge Of her indebted.
ness. The demurrers are therefore over
The above case is n very important
one, involving many thousands OF dol.
lars, and sustains tho claims OF the
plaintiff and the others who filed cross
petitions in the case, viz: Bank OF the
Ohio Valley, at Wheeling; Exchange
Bank, Of Wheeling, and Canton City
Richards for plaintiff; A. j..
Clark and Daton for tho Wheeling
]. J. Clark for Canton bank
Hays for Mrs. Norton.