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Twist v. Twist
Citations: 221 Ark. 511; 254 S.W.2d 687; 1953 Ark. LEXIS 618Docket: 4-9822
Court: Supreme Court of Arkansas; January 26, 1953; Arkansas; State Supreme Court
J. Frank Twist and C. C. Twist were partners in a large farming operation managing approximately 17,000 acres, with 10,000 acres cultivated. Following C. C. Twist's death in 1938, a receiver was appointed due to over $600,000 in debts. In 1939, J. Frank Twist and C. C. Twist's son, Ira F. Twist, became trustees. J. Frank Twist died in 1942, leaving his estate to his widow, who then served alongside Ira Twist as co-trustee. By 1946, they had significantly reduced the partnership debts and leased 2,000-3,000 acres to Bert Dickey and 8,800 acres to Brawley and Spicer, which included the headquarters on 100 acres. In 1947, the Twist families agreed to partition the property, allocating 57% to C. C. Twist's family and 42% to J. Frank Twist's family, with the headquarters remaining undivided. They executed deeds, approved by the court, and agreed to maintain the trusteeship until December 31, 1951, to manage obligations related to the property. Should the Brawley-Spicer lease end, the trusteeship would terminate, and each family would take responsibility for their respective contracts. In 1950, Brawley, Spicer, and Dickey formed a partnership, aware that their lease would not be renewed in 1951. They used their own farming equipment valued over $100,000 for the operation and sought an agreement with John Twist from the J. Frank Twist family to cultivate the lands with the same rent terms as before. While John Twist rejected the proposal, Ira Twist expressed interest in proceeding with the arrangement. John Twist and his family opposed Ira Twist's agreement with the St. Francis Planting Company in 1951 regarding lands deeded to the C. C. Twist family, threatening legal action if he proceeded. Consequently, Ira withdrew from negotiations, while other family members formed the Delta Farms Company with the planting company, purchasing farming equipment for $140,000. The J. Frank Twist family alleged an increase in rental value from 1946 to 1950 and sought to hold Ira liable due to his role as co-trustee. However, the court found no evidence linking Ira to Delta Farms. In June 1951, the C. C. Twist family sold their interest in 100 acres to the J. Frank Twist family, with the deed specifying it was subject to an existing lease with the St. Francis Planting Company, delaying possession until December 31, 1951. The J. Frank Twist family claimed entitlement to the full rent for 1951 after acquiring the property, but the court ruled against this, affirming that they were aware of the lease terms at the time of purchase and could only claim their proportionate share of the rent. The chancellor allowed Ira $15 per month for bookkeeping, totaling $540, despite appellants arguing he should not receive a fee as a trustee with an interest in the trust without prior agreement. The court noted that Ira had not claimed a fee until late in the trust and had managed significant financial transactions satisfactorily. The court affirmed its decision, except for the $540 fee, which it deemed inappropriate, and ordered that the costs of the appeal be borne by the appellants.