Shivers v. Palmer
Supreme Court of Georgia
In Equity, from Carroll Superior Court. Decided by Judge Irvin, August Term, 1853. The complainant in this cause, filed his bill, setting forth the following facts and allegations : That on the twenty-second day of October, 1848, Elizabeth Merrett made a deed of gift of a negro hoy, by the name of Jerry, about twelve years of age, to Egbert P. Daniel; in trust for Martha P. Shivers, the wife of said complainant, and the children she then had, or those she might .thereafter…
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In Equity, from Carroll Superior Court. Decided by Judge Irvin, August Term, 1853. The complainant in this cause, filed his bill, setting forth the following facts and allegations : That on the twenty-second day of October, 1848, Elizabeth Merrett made a deed of gift of a negro hoy, by the name of Jerry, about twelve years of age, to Egbert P. Daniel; in trust for Martha P. Shivers, the wife of said complainant, and the children she then had, or those she might .thereafter have, by her then present or a future husband; free from the control and from the-liabilities of her present or a future…
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
[1.] The demurrer was sustained, on the single ground, that the bill does not charge the insolvency of the trustee. This is not the case of a cestui que trust, the legal estate in whose property, is in the hands of a trustee, seeking to collect in a debt, or interest due, or belonging to the trust estate, over the head of the trustee. The bill charges a tortuous taking and disposition to his use, of the trust property, by the trustee, in fraudulent confederacy and combination with a third person.— And it avers, that the trustee had been requested…
2Cited by9 opinions
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
- Hickson v. BryanSupreme Court of Georgia · 1885
- Atlanta Trust Co. v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Ausley v. CummingsSupreme Court of Georgia · 1916
- Maynard v. ClevelandSupreme Court of Georgia · 1886
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