Reiter v. Carroll

Ed. F. MoFaddiN, Justice.

This appeal results from an unsuccessful attempt by the appellants to have the chancery court declare the appellee to be a trustee ex maleficio. J. N. Carroll was the father of eight children, seven of whom survive him. The appellants are five of Mr. Carroll’s children, and also two grandchildren (heirs of his deceased child). The appellee is a child of Mr. Carroll. Mr. Carroll’s other child is neither-appellant nor appellee, but was a party to this canse in the lower court.

In March, 1934, when he was about to submit to surgery, Mr. J. N. Carroll executed his…