Lamar v. Walton
Supreme Court of Georgia
Action on bond. Before Judge Callaway. Richmond superior court. April term, 1895. On February 1, 1883, Capers was appointed trustee of certain property for Mrs. Kirkpatrick and her daughter Mrs. McBee, and was ordered to file with the ordinary a bond for $2,000, conditioned for the faithful performance of the duties of the office; which he did.
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Action on bond. Before Judge Callaway. Richmond superior court. April term, 1895. On February 1, 1883, Capers was appointed trustee of certain property for Mrs. Kirkpatrick and her daughter Mrs. McBee, and was ordered to file with the ordinary a bond for $2,000, conditioned for the faithful performance of the duties of the office; which he did. On June 15, 1889, under proceedings instituted for the purpose, a verdict and decree were rendered, directing the trustee to sell and convey all the realty of the estate, and to reinvest the proceeds in State bonds or bonds of municipalities of the…
1Opinion of the Court
Simmons, C. J
1. Where a trustee, after giving a bond for the faithful performance of his duties as such, executed a second bond for the same purpose payable to the ordinary, the latter bond reciting that on account of a change in the corpus of the trust estate from realty to personalty, the principal desired “to ■strengthen the bond heretofore filed, and give this additional bond,” the new bond, both as to the principal and the sureties thereon, rested upon a sufficient consideration; and though a voluntary and not a statutory bond, it was competent for the ordinary, as the payee thereof, to…
2Cited by10 opinions
- Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
- Anderson v. BlairSupreme Court of Georgia · 1904
- Weidenfeld v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Cain v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1912
- Sims v. Duck (In Re FoodSource, Inc.)District Court, N.D. California · 1991
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