Fancher v. Fancher

This cause was formerly heard and decided in Department. A rehearing having been granted and the cause having been heard by the court in Bank, the Department opinion is hereby reaffirmed and adopted. That opinion is as follows:—

“The complaint charged that the executors, as trustees of a fund under the will of the deceased, purposed to make an improper use of the fund, and prayed the court to restrain them from so doing and to direct the proper distribution of the moneys of the trust. The controversy grew out of the following undisputed facts: George Hicks Fancher died testate, leaving an…