Farmers & Merchants National Bank & Trust Co. v. Janney

Hatcher, President:

The sufficiency of the bill herein is before us on certificate. The plaintiffs are creditors of H. M. Sartelle and are among the beneficiaries listed in a deed, executed by him in 1932 to a trustee, of many properties situate in Virginia and West Virginia, including his one-fifth undivided interest in the land of the Aquilla Janney estate in West Virginia. The trustee was directed to take charge of the properties, convert them into cash as soon as possible by either private or public sale, and “upon the conversion” distribute the proceeds “with all diligence” among the…