Melson v. Travis
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Worrill. Clayton superior court. December 14, 1908. Sberod Gay made a deed of trust to Mack Travis, in which was contained the following power: “And I further agree and consent that the said Mack Travis have and control said land during the life of said Martha M. Travis, for the object and purpose of taking care of and maintaining the said Martha M. Travis and her children, and that said Mack Travis shall not be liable to [for?]…
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Exceptions to auditor’s report. Before Judge Worrill. Clayton superior court. December 14, 1908. Sberod Gay made a deed of trust to Mack Travis, in which was contained the following power: “And I further agree and consent that the said Mack Travis have and control said land during the life of said Martha M. Travis, for the object and purpose of taking care of and maintaining the said Martha M. Travis and her children, and that said Mack Travis shall not be liable to [for?] the profits of said land except for the support, education, and maintenance of his said family. And I further direct and…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) A trustee may incur attorney’s fees reasonably necessary for the protection and preservation of the trust estate. But if'he mismanages or misappropriates the trust estate, and the beneficiaries have to bring an action against him on account thereof, he is not entitled to charge the trust estate with fees for defending his own maladministration against the complaint of the beneficiaries. To permit him to do so would be to allow a trustee fees out of the estate, not for defending it, but for defending against it. In Roberts v. Thomas, 32 Ga. 31, it was said, that,…
2Cases cited3 opinions
- Lilly v. GriffinSupreme Court of Georgia · 1883
- Moses v. MosesSupreme Court of Georgia · 1873
- Roberts v. ThomasSupreme Court of Georgia · 1861
3Cited by6 opinions
- Citizens & Southern National Bank v. HaskinsSupreme Court of Georgia · 1985
- Snook v. Trust Co. of Georgia Bank of Savannah, N.A.Court of Appeals for the Eleventh Circuit · 1990
- American National Bank of Beaumont v. BiggsCourt of Appeals of Texas · 1954
- Leavitt v. LeavittSupreme Court of Georgia · 1919
- American National Bank of Beaumont v. BiggsCourt of Appeals of Texas · 1954
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