United States v. Colonel Frank Childs and Elizabeth Childs

OPINION UPON REHEARING

This is an action, brought by the United States Government, to quiet title to a 640-acre ranch (the ranch) in Arizona. The Government contends that it holds title to the ranch as trustee pursuant to a trust created in 1947 by Thomas Childs, Jr. (Mr. Childs) and his wife, both now deceased, for the benefit of their children and of the Papago Indian Tribe, of which Mrs. Childs was a full-blooded member. The twelve children of Mr. and Mrs. Childs successfully contended in the trial court that the plaintiff has no present interest in the land because the trust was invalid or, if originally valid, it was later revoked or otherwise failed.

In an opinion and decision issued on February 9, 1970, we (Judge Carter dissenting) reversed the trial court because we were-unable to accept any of the asserted reasons for declaring the trust unenforceable. However, on rehearing, certain facts were called to our attention of which we were previously unaware, and which we believe to sustain the judgment of the trial court. We accordingly withdraw our opinion and decision of February 9, 1970, and we now affirm the judgment below.

We begin this opinion by summarizing the facts…