Mills v. Swearingen
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. A. Ohesley, Special Judge. The suit was brought by cestui que trust and a trustee against the assignees of Bassett & Bassett and against B. H. Bassett, to recover a trust fund. About February, 1872, B. H. Bassett was by a decree of the district court of Washington county duly appointed substitute trustee of Eonald Mills and Georgiana Mills, his minor daughter.
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Appeal from Washington. Tried below before the Hon. A. Ohesley, Special Judge. The suit was brought by cestui que trust and a trustee against the assignees of Bassett & Bassett and against B. H. Bassett, to recover a trust fund. About February, 1872, B. H. Bassett was by a decree of the district court of Washington county duly appointed substitute trustee of Eonald Mills and Georgiana Mills, his minor daughter. The record shows that on January 14, 1873, B. H. Bassett, as ' substitute trustee, received the money in controversy. That with the knowledge, consent and at the request of Ronald…
1Opinion of the Court
Willie, Chief Justice.
We think the demurrer of B. H. Bassett was properly sustained. The petition shows that he deposited the trust funds with the banking house of Bassett & Bassett, of which he was a member. It is not alleged with any certainty what was the nature of the deposit. It is merely said that it was to the credit of B. H. Bassett, trustee of Ronald Mills and his daughter, who were the beneficiaries of the trust, and that the *272interest on it was paid for the whole time it was there to the said Eonald Hills.
As the trustee did not make the deposit for his own personal benefit we can…
2Cases cited1 opinion
- Sanborn & Warner v. Norton & DentzTexas Supreme Court · 1883
3Cited by8 opinions
- Sullivan v. DoyleTexas Supreme Court · 1917
- Maryland National Bank v. CumminsCourt of Appeals of Maryland · 1991
- Dollar v. Lockney Supply Co.Court of Appeals of Texas · 1914
- Lusk v. Porter, County TreasurerSupreme Court of Oklahoma · 1916
- New Farmers Bank's Trustee v. CockrellCourt of Appeals of Kentucky · 1899
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