73 Tenn. 258 | Tenn. | 1880
delivered the opinion of the court.
By the will of Alexander Blackburn a fund of about $1,100 was placed in the hands of a trustee in trust to pay the interest thereon annually to the testator’s widow during her life, and then to a trustee to be appointed by the .Union Presbytery of Jefferson county, for a supposed charitable purpose. At the death of the widow, about the 16th of May, 1877, S. N. Fain was the trustee of the fund. He had
The tenant for life was liable for the compensation of the trustee and expenses of the trust during her life, and the only compensation Fain can claim since her death would be for subsequent services. No serious effort was made by the successful litigant to require the trustee to pay the money into court. He was simply allowed to pay it in, probably at his own instance. If he kept the fund loaned out on good security during this period, he would be fairly entitled to pay for his trouble, but not if he has himself used the fund. The expenses of the trust, if any, would be a proper charge. The bill, although not a strict bill of interpleader, accomplished the purpose of such a bill without objection, and an allowance should be made for counsel fees in filing the bill.
The chancellor’s decree will be modified accordingly.