104 Ind. 189 | Ind. | 1885
This was an action by James D. Rowley, administrator of the estate of James Quince, deceased, unadministered, against David W. Fair, for the alleged conversion to his own use of a certain bank certificate of deposit and other evidences of indebtedness claimed to have been the property of the estate. ' Some questions were reserved upon the pleadings, but the special finding of the facts made by the circuit court, and the conclusions of law drawn there-* from, fairly present all the questions really involved in this appeal.
The facts as they were specially found were, in effect, as follows: That prior and up to the 15th day of August, 1882, the decedent, James Quince, was trustee of Butler township, in DeKalb county, in this State, and that, on that day, while holding said office, he died intestate; that his widow, Lorena Quince, was thereupon, on the 22d day of August, 1882, appointed administratrix of the estate of the decedent, and, after duly qualifying, entered upon her duties as such administratrix ; that, on the 21st day of August, 1882, the defendant, Fair, was appointed trustee of the said township of Butler, and immediately took upon himself the duties of the office, as the successor of the decedent; that at the time of the death of the said James Quince, he had on deposit at the banking house of John L. Davis, at Auburn, in this State, sums of money as follows: One hundred and seventy dollars
From these facts the circuit court deduced the following conclusions of law:
First. That the plaintiff was entitled to a judgment against the defendant for $23, the amount of the Clark note transferred to the latter by Mrs. Quince.
Second. That as to all the other notes and sums of money in controversy, judgment ought to be entered in favor of the defendant.
Third. That the plaintiff was entitled to a judgment for costs.
The plaintiff excepted to the second conclusion of law deduced as above, whereupon judgment was rendered in his favor for only the sum of $23 and costs, and this appeal is prosecuted upon the alleged ground that upon the facts found by the circuit court the plaintiff was and still is entitled to judgment for the full amount of all the money and notes transferred to the defendant by Mrs. Quince, as herein above set forth.
It is true, as counsel remind us, that this court has several times decided that a township trustee, in common with a county treasurer, is more than a mere bailee of the monev which comes into his hands by virtue of his office; that as
But the title of a township trustee in the money for which lie is held accountable is only recognized to the extent that is necessary for the better preservation of the various funds which the money represents, and is, in fact, a legal title only in a technical and very limited sense. The equitable title to, and the beneficiary interest in, such money is in the township, and in that view the money for which the trustee is liable upon his bond really belongs to the township. In •that sense, section 5993, R. S. 1881, refers to all moneys coming into the hands of a township trustee, as belonging to the township. That section authorizes a township trustee “ To receive all moneys belonging to the township, and pay the ■same out according to law, as right and justice shall require,” and also requires him “To see to a proper application of all moneys belonging to the township for road, school, or other purposes.” Section 5999, R. S. 1881, enacts that “Such trustee shall, at the expiration of his term, deliver to his successor all moneys, .books, and papers belonging to his township.” In case of the death of a township trustee while
Notwithstanding the technical legal title which a township trustee takes in money received by him in his official capacity, it is his duty not only to preserve the existence, as well as the identity of each particular fund under his control, but to hold the money so received in some suitable way ready to meet all proper demands which may arise against any one of such funds, or to be conveniently delivered to his successor, either upon his death, or the expiration of his term. This is a rule of general application in the execution of all trusts, whether public or private. State, ex rel. v. Sanders, 62 Ind. 562.
The circuit court having found that the money and all the notes, except the Clark note, delivered over to the defendant, were the property of the township of which the defendant was at the time the trustee, it necessarily follows that there was no error in holding that the plaintiff was only entitled to a
As to what would constitute embezzlement by a township trustee, under the provisions of section 1951, R. S. 1881, is a question,not now, in any manner, before us, and concerning which we are not now called upon either to intimate or to decide anything.
The judgment is affirmed with costs.