Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-12-01
Androscoggin County Rescript

The following rescript from Associ-
ate Justice King has been received at
the office of the clerk of courts for
Kennebec county:
Androscoggin county - Androscoggin
| County Savings Bank vs.. James Tracy.
executor, and Catherine V. Tracy. guar
dian.
PEOPLES Saving Bank vs. Same
Rescript, King. }.
These cases are bills Of interpleader.
in each of which the plaintiff bank
prays that the defendants be decreed
to interplead touching their respective
claims to certain deposit accounts IN
! it's bank. The causes were heard to-
gether by the sitting justice upon Dill
answers and proof. the answers being
taken as the pleadings of the respective
claimants. and thereupon DEGREES were
made upon the merits. From those de-
crees the defendant, James Tracy, ap-
pealed.
The sitting justice filed with his de-
crees a statement of facts as found by
him which shows. in substance, that on
August % 1894, one John Tracy con-
veyed to his sister, Mary A. Tracy. GER
tain real estate. upon the express con-
dition, agreed to by Mary. that she
would make a will devising the same
to him, if living at her death. If not TO
his children, if any; that she executed
such will in his favor. which after
| his death, she destroyed and executed
another dcvising the real estate to the
only children Of John, two minor daugh-
tiers. with the proviso. however. that II
the deyisees were not of lawful age at
her death her brother. James Tracy
should hold the property and the IN
come thereof as trustee until the de-
visees reached their legal majority. said
James being the sole residuary legatee
under that will and the executor there
of: that threafter said James. having
been appointed guardian of said Mary
A. Tracy, petitioned the probate court
for license to sell said real estate al
leging the sale to be necessary to raise
funds for the support of his said ward.
and having obtained such license. he
sold said real estate hereunder. and
the deposits in question represent what
is left of the proceeds of that sale. and
nothing more; that at the time the petit
ton for license to sell said real estate
was pTcStfflcu " lilc pioDatt SoQi SEtiu
Mary A. Tracy had sufficient other
means for her support which fact her
said guardian could have ascertained by
reasonable diligence; and that the de-
PENDANT, James Tracy. as the executor
of said will of Mary 4. Tracy. claims
the deposits in question as belonging
to her estate, and, likewise, the defend
ant, Catherine V. Tracy, as the guar
dian of the two minor daughters of
John Tracy. claims the deposits as be-
longing to her wards.
Held:
l. The evidence does not satisfy the
court that the findings of facts by the
sitting justice are erroneous; but. on
the other hand that they are we'll sup
ported by the proof.
| . Inasmuch as John Tracy con-
veyed the title to the property to Mary
A. Tracy upon the faith of her prom
Use to perform the condition agreed
upon, and it would be fraud on her
part to refuse to perform it, equity
declares that her promise is trust
binding on her conscience, and, there
fore, that she took and held the prop
erty so conveyed to her impressed
with that trust.
| 3. The will which Mary executed.
after the death of her brother John,
devising the real estate to his two
daughters with the proviso that both
the property itself and the income
therefrom should be held by James
Tracy until the devisees should attain
their legal majority, was not COM
pliance with the condition that she had
agreed to.
4. Moreover, the sale of the prop
erty in the lifetime of Mary rendered
imperative her devise of it to the
daughters of John.
S. AS the property sold was i'm
pressed with the trust in favor of the
daughters of John, so likewise did the
proceeds of the sale become impressed
with the same trust.
6. Inasmuch as the proceeds of the
trust property now exist. and are not
in the hands of any bona fide holder
thereof, equity can and should reach
those proceeds and turn them over to