Mitchell v. Moore
Supreme Court of the United States
Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Alabama. In November, .1878, Catharine Moore, by L. D. MoOre, her husband and next friend, filed her bill against Daniel Mitchell, her trustee, charging him with'neglect in the execution of his trust, and with loss* of the fund.
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Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Alabama. In November, .1878, Catharine Moore, by L. D. MoOre, her husband and next friend, filed her bill against Daniel Mitchell, her trustee, charging him with'neglect in the execution of his trust, and with loss* of the fund. This trust was created by James Mitchell, her father, whp, by will,, appointed said Daniel and one Baskin his executors, and bequeathed to them a negress and her child,, in trust for Catharine. The hire of these wa« to be paid to her annually; and if the executors should deem .it' proper…
1Opinion of the CourtChief Justice Waite
There can be no doubt that the trust fund in this case was always used by the defendant as his own, and that all invest ments were made 'by' him in his own name, with nothing whatever to indicate an appropriation to the purposes of the trust. When inquired of by-the complainant in October, 1860, in respect to the trust,- the defendant wrote: “ If you will be contented I will fix your money so that you can see it any instant. But as the timéis now, it is in a better fix now than it-would be if you had it.” In hi s deposition, taken .in his own behalf, when upon cross-examination he was…
2Cited by8 opinions
- Buckle v. MarshallSupreme Court of Virginia · 1940
- Chapter House Circle of the King's Daughters v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1936
- Estate of Kelley v. KelleyMissouri Court of Appeals · 1923
- Beardsley v. BeardsleyCourt of Appeals for the Eighth Circuit · 1898
- MacBryde v. BurnettDistrict Court, D. Maryland · 1942
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