Kennedy v. Winn

The opinion states the facts.

Clopton, J.

A person, nominated trustee by will, deed or other instrument, may, at his election, accept or disclaim. Though acceptance is necessary to constitute a trustee, when the trust is not raised by implication or construction of law, or is not coerced for the purpose of complete justice, as the result of the party’s own conduct or acts, its acceptance is not compulsory. No one, without his assent, will be constrained to undertake the duties and incur the responsibilities of a trust. Acceptance in writing or by express words is not essential. Ordinarily it is…