Wormley v. Wormley
Supreme Court of the United States
Appeal from the Circuit Court of Virginia. The original bill was filed by the respondents, Mary Wormley, and her infant children, suing by their •next friend, against the appellants, Hugh W. Wormley, her husband, Thomas Strode, as trustee, Richard Veitch, as original purchaser, and David Castle-man and Charles McCormick, as mesne purchasers from Yeitch of the trust property, for the purpose of enforcing the trusts of a marriage-settlement, and obtaining an account, and other…
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Appeal from the Circuit Court of Virginia. The original bill was filed by the respondents, Mary Wormley, and her infant children, suing by their •next friend, against the appellants, Hugh W. Wormley, her husband, Thomas Strode, as trustee, Richard Veitch, as original purchaser, and David Castle-man and Charles McCormick, as mesne purchasers from Yeitch of the trust property, for the purpose of enforcing the trusts of a marriage-settlement, and obtaining an account, and other equitable relief. The bill charged the sale to have been a breach of the trusts, and that the purchasers had notice. In…
1Opinion of the CourtStorv, Justice
And the first question arising upon this posture of the case is, whether *194Strode, the trustee, by the sale to Yeitoh, has been guilty of any breach of trust. And this seems to the court to be scarcely capable of controversy. That there are circumstances in the case, which raise a presumption of bad faith on the part of the trustee, and expose him to some suspicion, cannot escape observation. But assuming him to have acted with *entire good faith, his proceedings were a plain departure from his duty. In respect to the supposed exchange of the Fauquier for the Frederick lands, it is impossible…
2Cases cited6 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Brown v. RickettsNew York Court of Chancery · 1818
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3Cited by168 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Shields v. BarrowSupreme Court of the United States · 1855
- Michoud v. GirodSupreme Court of the United States · 1846
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Certain Interested Underwriters at Lloyd's, London, England v. James E. Layne Cindy Carol Kilgore, Larry Nig KilgoreCourt of Appeals for the Sixth Circuit · 1994
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