142 Iowa 500 | Iowa | 1909
Prior to the year 1898 Mary Robertson, of Keokuk, Iowa, died testate, devising the property now in controversy, with other property of which she was seised and possessed, to trustees, directing them to use such of the profits and income therefrom as they might deem best for the ase and benefit of her surviving husband, Hugh Robertson, but not providing that he should have any claim to or upon any specific part or portion of said trust estate. The trustees were authorized in their discretion to deliver to said Hugh Robertson any specific article of personal property, or to convey to him any part or parcel of the real estate included in said trust. In July, 1898, said property being still held by said trustees under said trust, one Petzel obtained a judgment against Hugh Robertson in the-district court of Lee County. In March, 1899, Robertson, having become involved in heavy losses in mercantile business, filed a petition in bankruptcy in the United States District Court for the Southern District of Iowa, scheduling, among his debts and liabilities, the claim represented by the judgment above mentioned. He also scheduled the property of which he claimed to be possessed, but included therein no reference to the interest, if any, he had in the trust property held by the trustees under his deceased wife’s will. On March 8, 1899, he was duly adjudged bankrupt. The owner of the judgment filed a transcript thereof with the referee for allowance in the bankruptcy proceedings, but, not being supported by the required proof, it was disallowed. On application of
The fact that two years or more after his discharge the trustees exercised their discretion in his favor and conveyed the property to him in his own right does not aid the appellant. Even if we assume that they delayed this conveyance until after his debts had been wiped out by the bankruptcy proceedings, it worked no fraud upon his creditors. It is enough that at the time of his discharge he had surrendered to his creditors all his legal and equitable estate which they could subject to the payment 'of their claims. What he has since acquired he holds free from all claims antedating his adjudication as a bankrupt. The trial court correctly held the plaintiff entitled to have the collection of said judgment permanently enjoined, and the decree appealed from must be sustained.
The appellant has moved to strike an amendment filed to the appellee’s amended abstract as being an unnecessary addition to the record, and to strike appellee’s argument as having been filed too late. We find neither motion well taken, and they are overruled. All costs will be taxed to the appellant. — Affirmed.