Wylly v. S. Z. Collins & Co.
Supreme Court of Georgia
In Equity, in McIntosh Superior Court, April Term, 1850. Tried before Judge H. R. Jackson. The following statement of facts in this cause was agreed upon by counsel for both parties: Thomas Spalding, on the first day of January, 1833, executed a deed to certain persons, conveying two tracts of land and seventy negroes, to be held in trust “ for the sole and separate use and benefit of his daughter, Elizabeth Wylly, during her life, and after her death,” to her children.
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In Equity, in McIntosh Superior Court, April Term, 1850. Tried before Judge H. R. Jackson. The following statement of facts in this cause was agreed upon by counsel for both parties: Thomas Spalding, on the first day of January, 1833, executed a deed to certain persons, conveying two tracts of land and seventy negroes, to be held in trust “ for the sole and separate use and benefit of his daughter, Elizabeth Wylly, during her life, and after her death,” to her children. The deed alleged, that it was made for the purpose of providing for the maintenance o’f Mrs. W. and the education of her…
1Opinion of the Court
By the Court
Lumpkin, J.
delivering the opinion.
A bill was filed in the Superior Court of McIntosh County, by S. Z. Collins & Co. against Alexander W. Wylly and Elizabeth, his wife, William Cook and Charles Spalding, trustees, for the purpose of subjecting the income of the trust estate of Mrs. Eliza-*230both Wylly to the payment of a debt due the complainants for articles furnished to the trust estate, and to the cestui que trusts.
By the deed which gave existence to this estate, the grantor, Mr. Thomas Spalding, declared that his sole purpose in conveying the land and negroes, mentioned in the…
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