Seal v. Gwinn

Litz, Judge:

This is a suit to enjoin an action in detinue and to sell the property involved for debt.

Josephine R. Gwinn, who died in 1924, left her property, by will, in trust for the benefit of her son, David R. Gwinn, and appointed O. D. Massey as executor and trustee to settle the estate and administer the trust. Having qualified and executed bond as such executor and trustee, soon after the death of the testatrix, Massey maintained his fiduciary account in the Alderson National Bank (Alderson, West Virginia), of which he was cashier. According to the records of the bank as interpreted by…