Gilmore v. Gilmore

Head, Justice.

The petition alleges that the applicants were appointed to act as trustees, that they accepted the trust, and have acted as trustees of the estate of John D. Gilmore since the death of Thomas W. Gilmore. A trustee may be named by will. Code, § 108-114. A demurrer admits all properly pleaded allegations in a petition, and they must be considered as true in passing upon the demurrer. Code, § 81-304; City of Albany v. *247Lippitt, 191 Ga. 756 (13 S. E. 2d, 807). The contention that the petitioners do not show any “right in law or equity to the relief prayed” does not raise any question…