Legal Opinion

Gray v. Obear

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 11 opinions

Trusts. Minors. Insanity. Witness. Wills. Evidence. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1876. Gray filed Ms bill against Obear as executor of William Gray, deceased, in which he alleged that said deceased, Ms father, died in 1870, leaving a will, in which he bequeathed to said defendant, as trustee for complainant, one-fourth of his estate, real and personal; that said trust was an executed trust, he being of age and sui juris.

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Trusts. Minors. Insanity. Witness. Wills. Evidence. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1876. Gray filed Ms bill against Obear as executor of William Gray, deceased, in which he alleged that said deceased, Ms father, died in 1870, leaving a will, in which he bequeathed to said defendant, as trustee for complainant, one-fourth of his estate, real and personal; that said trust was an executed trust, he being of age and sui juris. He therefore prayed that said defendant might account to him for his interest in said estate; also, that said Obear might be relieved from…

1Opinion of the Court

Jackson, Judge.

1. When this case was before this court first, reported in 54 Ga., 231, it was held that the testator could not create a valid trust for his son, unless he was a minor or non compos mentis, and that if Edwin T. Gray was sound in mind, the trust being for his benefit alone, that the use executed the trust, and Gray was entitled to recover on a bill requiring, his trustee to turn over the property to him. The case was again brought to this court on the propriety of allowing an amendment setting up that Gray was non compos mentis when the will was made, and was so still. This…

2Cases cited4 opinions

  1. Choice v. StateSupreme Court of Georgia · 1860
  2. Gray v. ObearSupreme Court of Georgia · 1875
  3. Foster v. BrooksSupreme Court of Georgia · 1849
  4. Carter v. BuchananSupreme Court of Georgia · 1851

3Cited by11 opinions

  1. Pantone v. PantoneSupreme Court of Georgia · 1950
  2. Sargent v. BurdettSupreme Court of Georgia · 1895
  3. Leonard v. StateCourt of Appeals of Georgia · 1981
  4. Royal Indemnity Co. v. Agnew.Court of Appeals of Georgia · 1941
  5. Espy v. PrestonSupreme Court of Georgia · 1945

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