Jones v. Hammack

Simmons, Justice.

Hammack brought suit on a promissory note for $140, given by one Wesley Jones, as trustee of certain trust property described in the declaration. The trustee died after the note was given and before this suit was brought; and no successor was appointed in his place. The declaration set out the beneficiaries of the trust and described the property of the trust estate, and prayed process against said beneficiaries. It alleged that the note was given for a cotton gin which was necessary for the trust estate. All the beneficiaries were properly served, and they filed pleas to…