Vigal v. Castleberry
Supreme Court of Georgia
Trusts. Practice in Superior Court. Practice in Supreme Court. Before Judge WILLIS- Chattahoochee Superior Court. March Term, 1881. To the report contained in the decision it is only necessary to add that after a verdict for the plaintiff, the defendants (executors of the deceased trustee) moved for a new trial on the following grounds: (1.) Because the court refused to charge as requested in writing, “that if the jury believed from the evidence that Vigal received land and…
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Trusts. Practice in Superior Court. Practice in Supreme Court. Before Judge WILLIS- Chattahoochee Superior Court. March Term, 1881. To the report contained in the decision it is only necessary to add that after a verdict for the plaintiff, the defendants (executors of the deceased trustee) moved for a new trial on the following grounds: (1.) Because the court refused to charge as requested in writing, “that if the jury believed from the evidence that Vigal received land and not money, and that said land is now in the possession of the executors of Vigal, then the jury cannot find for the…
1Opinion of the Court
Jackson, Chief Justice.
This suit was brought by the trustee of Hattie R. Hastings against the executors of the former trustee for the recovery of money in the hands of the deceased trustee which belonged to the cestui que trust, and which the former trustee received and did not pay over, and which his executors have on hand and refuse to account for. The aption is brought on a bond by the ordinary for the •use of the present trustee against the executors of the deceased trustee and his sureties. On demurrer the cause was dismissed as to the sureties, and proceeding against the executors…
2Cited by6 opinions
- Higgins v. TrenthamSupreme Court of Georgia · 1938
- Clark v. StateCourt of Criminal Appeals of Texas · 1909
- Atlantic & Birmingham Railway Co. v. BowenSupreme Court of Georgia · 1906
- Lee v. BagwellCourt of Appeals of Georgia · 1914
- Morgan v. BlackCourt of Appeals of Georgia · 1952
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