Garner v. Garner

This is an appeal from a decree of the Circuit Court for Dorchester County dismissing a bill of complaint filed by Daniel Garner, Emanuel Garner, Meyer E. Garner, and Esther Garner Levy, appellants, and next of kin of Isaac Garner, deceased, against Augusta Garner, his widow, individually and as executrix of his alleged last will, and Emerson C. Harrington, Jr., and V. Calvin Trice, administrators' ad colligendum of the estate of the deceased.

Three questions are here presented:

First. The existence of a constructive trust ex maleficio, resulting from the alleged fraudulent procuring of a paper…