Downs v. Harris
Supreme Court of Georgia
Trusts and Trustees. Statute of Limitations. Before Judge Lawson. Jasper Superior Court. April Term, 1885. To the report contained in the decision, it is necessary to add only that the exact age of the complainant (Mrs. Downs) does not appear (her husband being a mere formal party), but it was stated that she was married in 1857. The defendant set up in his answer the bar of the statute of 1869. At the close of the testimony for the complainants, the defendant moved to…
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Trusts and Trustees. Statute of Limitations. Before Judge Lawson. Jasper Superior Court. April Term, 1885. To the report contained in the decision, it is necessary to add only that the exact age of the complainant (Mrs. Downs) does not appear (her husband being a mere formal party), but it was stated that she was married in 1857. The defendant set up in his answer the bar of the statute of 1869. At the close of the testimony for the complainants, the defendant moved to dismiss the case, on the ground that it did not entitle the complainants to the relief sought. This motion was sustained, and…
1Opinion of the Court
Hall, Justice.
The trust in this case was created in 1860, and the mismanagement of the estate by the defendant, as trustee, on which the complainant relies for a recovery, occurred prior to the'first day of June, 1865. Neither the bill nor the evidence shows that the trustee acted “ fraudulently and corruptly ” in the management of the trust estate. The complainant and her brothers and sisters were jointly interested with their mother, during the life of the latter, in the usufruct or income of the estate, and at the death of the mother, the remainder vested in complainant, together with her…
2Cases cited2 opinions
- Austin v. RaifordSupreme Court of Georgia · 1881
- Jordan v. TicknorSupreme Court of Georgia · 1878
3Cited by5 opinions
- Anderson v. FosterSupreme Court of Georgia · 1900
- Barrett v. JacksonCourt of Appeals of Georgia · 1932
- United States Fidelity & Guaranty Co. v. Toombs CountySupreme Court of Georgia · 1939
- Edwards v. MonroeCourt of Appeals of Georgia · 1936
- Maxwell v. WalshSupreme Court of Georgia · 1903