Roe v. Artope
Supreme Court of Georgia
Ejectment. Abatement. Trusts. Pleading. Before Judge Cole. Bibb Superior Court. April Adjourned Term, 1872. James B. Artope, as trustee for Mrs. Elizabeth W. McLaughlin and her children, brought ejectment against Robert B. Findlay, Charles S. Findlay, George W. Findlay, Christopher D. Findlay as trustee for his wife and children, Mary H. Findlay, in her own right, and as guardian of her minor children, Arthur and Amanda Findlay, for a lot of land in the city of Macon.
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Ejectment. Abatement. Trusts. Pleading. Before Judge Cole. Bibb Superior Court. April Adjourned Term, 1872. James B. Artope, as trustee for Mrs. Elizabeth W. McLaughlin and her children, brought ejectment against Robert B. Findlay, Charles S. Findlay, George W. Findlay, Christopher D. Findlay as trustee for his wife and children, Mary H. Findlay, in her own right, and as guardian of her minor children, Arthur and Amanda Findlay, for a lot of land in the city of Macon. Pending the action Elizabeth W. McLaughlin died, and scire facias was issued requiring the defendants to show cause why her…
1Opinion of the Court
Trippe, Judge.
From the petition or declaration, the real plaintiff in this action is James B. Artope, as trustee for Mrs. McLaughlin and her children. By the death of Mrs. McLaughlin, one of the cestui que trust, it 'is plain that by the pleadings the action did not abate. It could lie continued and a recovery had for the use of the other beneficiaries in the trust, if the evidence showed that it was a trust of a joint, interest of the estate or there was the right of survivorship in the children. We say this is so from the pleadings. But on the death of Mrs. McLaughlin a motion was made to…
2Cited by3 opinions
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- Dean v. FeeleySupreme Court of Georgia · 1881