Kellett v. Sumner

OPINION OF THE COURT BY

FREAR, C.J.

(Perry, J., dissenting.)

This is in form a bill for the discharge of a trustee and' the appointment of a successor in the trust, but the substantial issue is between certain of the defendants as to whether the trust.has terminated or not. The suit was begun by the Et. Eev. Gulstan E. Eopert, Bishop of Panopolis, as trustee under a deed executed by the defendant Sumner, but during the hearing, the Bishop being, as was supposed, on his dying bed, the Circuit Judge, with the consent of all parties and upon the agreement that the Bishop’s account, showing a…