Kessler

Upon a reconsideration of this case on a rehearing we are of opinion that the judgment and order of the trial court should he reversed to the extent and on the grounds stated in the opinion originally filed, which are as follows:

Action for divorce, alimony, and to declare a trust. Judgment for defendant Kessler denying a divorce, and for plaintiff for $50 per month maintenance during her natural life, with decree that defendant Minor holds property described in complaint in trust for defendant Kessler, from which judgment of maintenance and decree declaring trust all the defendants appeal.

The court finds that plaintiff and defendant Kessler were married in 1901, and are husband and wife; that at the date of the marriage defendant was the owner of certain real property of the value of $15,000, subject to an encumbrance of $3,000; that, in addition, he was possessed of money to the amount of $1,300, and some other personal property of small value; that he had two daughters by a former marriage, one of whom is defendant, Anita Minor, the other a daughter of seventeen years; that shortly after the marriage the husband, preparatory to a trip to Mexico, placed the $1,300 in bank in…

I concur in the judgment, and, generally, in what is said in the opinion as to the judgment of the lower court for maintenance. I concur, also, in the conclusion of the majority of the court as to attorney’s fees and alimony pendente lite on the grounds stated in the opinion.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 15, 1906.