Mounger v. Duke
Supreme Court of Georgia
Trusts. Husband and wife. Estoppel. Before Judge Kiddoo. Randolph Superior Court. May Term, 1874. Elizabeth J. Mounger filed lier bill against Mastín H. Duke, as administrator upon the estate of Edwin Mounger, deceased, making, in brief, the following case: On December 1st, 1869, complainant, then Elizabeth J. Allen, and Edwin Mounger were married.
Read the full summary
Trusts. Husband and wife. Estoppel. Before Judge Kiddoo. Randolph Superior Court. May Term, 1874. Elizabeth J. Mounger filed lier bill against Mastín H. Duke, as administrator upon the estate of Edwin Mounger, deceased, making, in brief, the following case: On December 1st, 1869, complainant, then Elizabeth J. Allen, and Edwin Mounger were married. Her husband was insolvent but she was possessed of a considerable estate, real and personal, for her life, remainder to her children. This property was conveyed by her father, William Ball, to her brothers, William G. Ball and James G. M. Ball, in…
1Opinion of the Court
Trippe, Judge.
1. Section 2339 of the Code enacts that an acceptance of a trust may be by acts as well as words, and that after acceptance no disclaimer will remove the character of trustee.
2. Although the words of a deed or will were not such as to constitute a separate estate in the wife, and under such words as were used, the husband could, before the act of1866, have claimed title by virtue of his marital right, yet if he himself accepts the position of trustee, receives the property as trustee, treats it as such, acknowledging it tobe trust property during his life, neither he, or his…
2Cited by3 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Freeman v. BrownSupreme Court of Georgia · 1902
- Evans v. BethuneSupreme Court of Georgia · 1896