Fleming v. Fountain
Supreme Court of Georgia
Husband and Wife. Title. Contracts. Powers. Before Judge Simmons. Pulaski County. At Chambers. June 20, 1884. Fountain et al. filed their bill against Fleming, trustee, to recover certain property and to enjoin the trustee, who Was alleged to- be insolvent, from selling the same. The facts on which the case rested are set out in the decision. The chancellor granted the injunction, and defendants excepted.
1Opinion of the Court
Blandford, Justice.
Jacob Dykes and Sarah A. Girtman being about to marry, they entered into a marriage settlement, whereby all the property of said Sarah was conveyed to a trustee; and it was agreed that said property should remain her separate property and estate, the title to the property being vested in a trustee for the use of said Sarah. And it was further covenanted and agreed that said Sarah might dispose of the property by will to any person she might think proper, subject to be used by the said Dykes, by the approbation of the trustee, during the continuance of the coverture for the…
2Cases cited3 opinions
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Urquhart v. OliverSupreme Court of Georgia · 1876
- Rowland v. W. A. Ransome & Co.Supreme Court of Georgia · 1871
3Cited by2 opinions
- Newton v. BullardSupreme Court of Georgia · 1935
- Weston v. HastySupreme Court of North Carolina · 1965