Stewart v. Hurt

The petitioner in this proceeding seeks a writ of supersedeas in connection with a judgment rendered against him as the trustee of a testamentary trust.

The will of Lucius J. Smith named the petitioner as executor and also trustee. He qualified as executor and conducted the administration of the decedent’s estate. In the course of these proceedings certain property was distributed to him as the testamentary trustee. Thereafter beneficiaries of the trust commenced a suit in equity for his removal and also to set aside certain orders by which his actions as trustee were approved and his account…