Jones v. Abraham
Supreme Court of Virginia
This was a suit in equity in the circuit court of Buckingham county, brought in April, 1872, by James E. Jones, trustee, and the said Jones in his own right, and his wife Ella J., against Anderson D. Abraham, former trustee of said Ella J. Jones, Alexander Moseley and the executors and heirs of Thomas M. Bondurant, deceased.
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This was a suit in equity in the circuit court of Buckingham county, brought in April, 1872, by James E. Jones, trustee, and the said Jones in his own right, and his wife Ella J., against Anderson D. Abraham, former trustee of said Ella J. Jones, Alexander Moseley and the executors and heirs of Thomas M. Bondurant, deceased. The object of the suit was to subject the defendant Moseley and the estate of Bondurant to pay to Mrs. Jones’ trust fund an amount of $4,184.31, which the plaintiffs charged that these parties bad combined with tbe trustee Abraham to use for their own purposes. It appears…
1Opinion of the CourtBurks, J.
*469It is an undisputed fact in this cause, that Abraham appropriated upwards of $4,000 of the funds under his control as trustee for his daughter, Mrs. Jones, to the payment of his own debt to Morris, for which the late Thomas M. Bondurant was bound as surety. The statement in his answer that this was done with the consent of Mrs. Jones may be laid out of the case. We regard it as an affirmative averment in avoidance of the claim set up in the bill, and as there is not even a pretence of proof in support of it, it must go for nought. This appropriation by the trustee was a flagrant breach of…
2Cases cited1 opinion
- Fant v. MillerSupreme Court of Virginia · 1867
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