Black v. Harman

Mr. Justice; Cothran

(dissenting) : Action by the plaintiff claiming to be a cestui que trust under the will of her grandfather, Frederick H. Dominick, against her mother, Harriet F. Harman, trustee, under said will, for an accounting of the rents and profits of certain lands described in the complaint. The other defendants are her brothers and sisters having the same interests as the plaintiff.

The appeal is from an order of the Circuit Court overruling a demurrer to the complaint, interposed by the defendant Harriet F. Harman, who alone is appealing.

The controversy involves a construction of…