Legal Opinion

Bailie v. McWhorter

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 7 opinions

Trusts. Equity. Receiver. Debtor and creditor. Parties. Before Judge Tompkins. Richmond Superior Court. October Term, 1875. The facts are sufficiently stated in the first head-note.

1Opinion of the Court

Bleckley, Judge.

1. The court dismissed the bill, on demurrer, for want of equity. The defendant contends, not that the complainants have a common law remedy, but that they have no remedy at all. He insists, through his learned counsel, that the trust is executory, and falls within the case of Edmondson vs. Dyson, 2 Kelly, 307. On account of the executory character of the trust he denies that the rule announced in Gray vs. Obear, 54 Georgia Reports, 331, that a trust estate cannot be created for the sole benefit of a full-grown man, who is sui juris, applies. We can, for the purposes of the…

2Cited by7 opinions

  1. Smith v. TowersCourt of Appeals of Maryland · 1888
  2. Citizens & Southern National Bank v. OrkinSupreme Court of Georgia · 1967
  3. Robert v. TiftSupreme Court of Georgia · 1878
  4. Toland v. CampSupreme Court of Georgia · 1912
  5. Matter of KinslerUnited States Bankruptcy Court, N.D. Georgia · 1982

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