Leonard v. Powell
Supreme Court of Georgia
Trusts and Trustees. Before Judge Harrell. Randolph Superior Court. May Term, 1870. This was complaint in favor of James D. Leonard, trustee for his wife, Ann E. Leonard, and their minor children, against Watson F. Powell, trustee of Sarah A. Pcwell and her children, (said Sarah A. being the wife of J. S. Powell,) upon an account, alleging that the goods and articles furnished were for the benefit of the trust-estate, and for the support and maintainance of the said Sarah A.…
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Trusts and Trustees. Before Judge Harrell. Randolph Superior Court. May Term, 1870. This was complaint in favor of James D. Leonard, trustee for his wife, Ann E. Leonard, and their minor children, against Watson F. Powell, trustee of Sarah A. Pcwell and her children, (said Sarah A. being the wife of J. S. Powell,) upon an account, alleging that the goods and articles furnished were for the benefit of the trust-estate, and for the support and maintainance of the said Sarah A. Powell and her children, and setting forth a description of the trust property. The cause was submitted upon the…
1Opinion of the CourtMcCAY, J.
I. We do not doubt but that, as a general rule, a trust-estate is liable for necessaries furnished for the protection, preservation, and often, for the improvement of the trust property: Revised Code, section 3301. So, too, we recognize the right to charge the estate, under proper circumstances, with the debts of the cestui que trust. Necessarily, however, this must depend upon the nature of the trust. The beneficiary may have power to charge the estate at will, or may have only a right to the income, or may charge either only to a limited extent, or in a particular way. And no general rule…
2Cited by1 opinion
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