182 Iowa 1116 | Iowa | 1917
Plaintiff and defendant were married September 19, 1906, and lived together nearly nine years. Both had previously been married. The plaintiff had two children: Dorothy, at the time of the trial twenty-one# years of age, and William, sixteen. Defendant had five
II. The court awarded plaintiff a judgment for alimony in the sum of $17,000, and $60 per month until Ruth should attain her majority, and further provided that $8,000 of the amount awarded should be turned over to a trustee, t to be loaned and managed by him, the income therefrom to be paid to plaintiff until Ruth attained her majority, at which time the $8,000 should be paid to the latter absolutely; and, in the event of Ruth’s death before attaining her majority, the same should be retained by the trustee, and the income therefrom be paid to plaintiff so long as she should live, to be used for her maintenance and support, and at her death, the said $8,000 and any .unused accumulations therefrom were to be paid to defendant, if living, or his heirs, if defendant should not survive her.
Some time prior to the trial of this case, defendant, in an effort to settle and adjust the property interests of
After the marriage of plaintiff and defendant, he organized the Davison Realty Company, for the purpose of taking over the property of himself and his former wife. The former Mrs. Davison was the owner of some real estate in South Dakota, and defendant was also the owner of large tracts of land. He purchased the property of his wife, as administrator, and conveyed the same, together with all of his own real estate, to the corporation. The wife’s property was appraised at $26,466, one third of which belonged to him, and the rest to his children, as her heirs at law. Stock was issued to the children for their share of the mother’s property. In March, 1915,' the real estate of the corporation was sold, its assets conveyed to defendant, as trustee, and the corporation dissolved. The net assets of the corporation amounted to approximately $115,000, — perhaps a trifle more. Prior to the commencement of the divorce suit, defendant assigned $8,000 of the capital stock of the Davison Realty Company to each of his children, and claims to have conveyed a like amount to one of his daughters in trust for Ruth, reserving to himself, however, the control and income of all said property during his lifetime; so that defendant has the control of and income from the property, consisting largely of moneys and mortgages, amounting to more than $100,000.
Defendant claims that the expenses of his household were annually much greater after his marriage to plaintiff than previously, and it is conceded that she was possessed of no property when the parties were married, and has contributed nothing directly thereto. It may be assumed that
As above stated, defendant claims to have made a trust provision- for Ruth, by which $8,000 is to be paid to her at his death; and whatever may have been his suspicions relative to the paternity of this child in the past, — of which there should never have been the least doubt, — he now professes to be satisfied, and says that the provision for her was made in good faith, and will be carried out.