Hoffman v. Chester

Wyatt, Justice.

The contentions urged by counsel for the plaintiff in error may be disposed of by answering two questions: (1) Whether that portion of Item 6 of the will attempting to create a trust for James Chester is valid and operative; and (2) whether the administrator, under the terms of the will, has an unlimited power of sale.

A trust estate can not ordinarily be created in property for the benefit of a person sui juris. Code, § 108-114; Armour Fertilizer Works v. Lacy, 146 Ga. 196 (2) (91 S. E. 12). “In an executed trust for the benefit of a person capable of taking and managing…