Legal Opinion

First Nat. Bank of Spartanburg v. Dougan

District Court, S.D. Georgia

Decided April 16, 1918No. 20PublishedCited by 1 opinion

In Equity. 'Suit by the First National Bank of Spartanburg, S. C., the Merchants’ & Farmers’ Bank of Spartanburg, the Bank of Spar-tanburg, and the First National Bank of Spartanburg, S. C., as trustee, against Mrs. Elizabeth A. Dougan, P. M. Dougan, Arthur Dougan, Alfred M. Dougan, Elsie M. Dougan, Alice E. Dougan, Mrs. Elizabeth A. Dougan, trustee under the will of Elizabeth H. Mills, and the Southwestern Railroad Company.

1Opinion of the Court

BEVERLY D. EVANS, District Judge.

This is an action by creditors of cestuis que trust to subject to the payment of complainants’ debts the equitable interests of the cestuis in certain railroad stock hy-pothecated to secure their debts. The facts are not in dispute, and the case is submitted to me for final decree on the bill and answer.

By the will of Mrs. Elizabeth H. Mills there was devised:

“To Mrs. Elizabeh A. Dougan, wife of P. M. Dougan, of Savannah, in trust for herself and her children, born and to be born, for their sole and separate use, share and share alike, the sum of forty-five…

2Cases cited6 opinions

  1. Croxall v. ShererdSupreme Court of the United States · 1867
  2. Whipple v. FairchildMassachusetts Supreme Judicial Court · 1885
  3. In re DouganSupreme Court of Georgia · 1913
  4. Wingfield v. RheaSupreme Court of Georgia · 1884
  5. Lufburrow v. KochSupreme Court of Georgia · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Postal v. Home State Bank for SavingsMichigan Supreme Court · 1938

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