Rochell v. Oates

THOMAS, Justice.

The appeal sought a review of rulings on demurrer.

The amended demurrer to the bill as amended, or grounds thereof, on which the court acted and sustained are numerous. The court did not rest the decree on specific grounds. This has necessitated the due grouping of the same by counsel. This effort to simplify the decision is to be commended. Grounds of demurrer 1 to 7, inclusive, are to the effect that the bill is without equity.

It is declared that the necessity for an accounting by a statutory trustee or fiduciary, whose duty it is to account, “is an implied ground of equity.”

M…