Cauhape
Cauhape v. Barnes
Opinion
Lead Opinion
Van Dyke, J.
An action against defendant Barnes, as trustee, and the heirs and devisees under the will of Margaret Leddy, deceased, for balance due the plaintiff for cattle and meats sold and delivered to the defendant Barnes in his capacity as trustee under the said will, and to have the sum found due by the court declared a lien upon the real property belonging to said heirs and devisees, there being no personal property belonging to said trust estate to satisfy said plaintiff’s claim.
Margaret Leddy died in 1884, leaving a number of children, defendants here, and three other children, who died unmarried and without issue, and considerable of an estate. Her property consisted, among other things, of an old and established butchering business, and, with a view to its conduct and maintenance after her death, she provided in her will, after bequeathing one twenty-second of her estate to Clarence Leddy, a minor son, that all the rest of her estate was given, devised, and bequeathed to James Leddy and Samuel Leddy, in trust for the following uses and purposes: “To carry on the butchering business as heretofore carried on by said testatrix, Margaret Leddy, until the youngest child, Clarence…