Park v. Park
Supreme Court of Georgia
Equity. Fraud. Trusts. Before Judge LAWSON. Greene Superior Court. March Term, 1880. Nancy E. Park filed her bill against James B. Park, alleging, in brief, as follows: In 1862 Betsy Ann Park died testate. By her will she left to complainant a legacy consisting of certain personalty and two thousand dollars out of the money then on hand; there was on hand four thousand dollars in specie.
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Equity. Fraud. Trusts. Before Judge LAWSON. Greene Superior Court. March Term, 1880. Nancy E. Park filed her bill against James B. Park, alleging, in brief, as follows: In 1862 Betsy Ann Park died testate. By her will she left to complainant a legacy consisting of certain personalty and two thousand dollars out of the money then on hand; there was on hand four thousand dollars in specie. Very shortly after the testator’s death, the executor sold this specie for Confederate money at a premium, and used the money so received to pay his own debts. He has frequently admitted the justice of the…
1Opinion of the Court
JACKSON, Chief Justice.
This bill was brought by the complainant against the defendant as executor of the will of her aunt, for account touching certain chattels, and especially for two thousand dollars, all of which was bequeathed as a legacy to complainant in an item of decedent’s will. The defendant demurred on the ground that there was no equity in the bill, and that the remedy at law was adequate and complete. The court overruled this demurrer and error is assigned here thereon.
The relation between the parties is that of trustee and cestui que trust, and in such cases equity has…
2Cases cited1 opinion
- Austin v. RaifordSupreme Court of Georgia · 1878