Libbett v. . Maultsby
Supreme Court of North Carolina
Civil aotioN, to recover a legacy, and for an account, tried before Bussell, J., at the Spring Term, 1874, of the Superior Court of Columbus county. The following are the substantial facts of the case.
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Civil aotioN, to recover a legacy, and for an account, tried before Bussell, J., at the Spring Term, 1874, of the Superior Court of Columbus county. The following are the substantial facts of the case. This action is brought by the plaintiffs to recover of the defendant a legacy, or two lagacies, which had been bequeathed to him by one Anthony F. Toon, under the following clause in said Toon’s will: “In the seventh place: 1 give and bequeath and devise unto John A. Maultsby, one of my executors, the sum of three hundred dollars, for the use and benefit of George W. Libbett; (one of the…
1Opinion of the CourtBodmaN, J.
It was,, not seriously denied in this Court that the defendant was constituted by the will of Toon, a trustee for the two plaintiffs for their respective legacies. That being the case, although his discretion in expending the principal and interest of the fund for the benefit of the children during their minorities, was extensive, and, if honestly exercised, would not be interfered with by any Court, yet the trust was for the benefit of the plaintiffs, and upon no principle of equity, could the fund be permitted to be converted by the defendant to his own use. It is clear, therefore, that the…
2Cited by4 opinions
- Barnes v. . McCullersSupreme Court of North Carolina · 1891
- Barnes v. McCullersSupreme Court of North Carolina · 1891
- Faison v. . BowdenSupreme Court of North Carolina · 1876
- Choteau v. HarveyU.S. Circuit Court for the District of Western Missouri · 1888