Citizens & Southern National Bank v. Howell

Grice, Justice.

1. Are the deeds subject to attack by the grantor on the ground that they constitute an illegal attempt to set up a trust? The ruling in Gray v. Obear, 54 Ga. 231, that a trust estate can not be created in property for the sole benefit of a male who is sui juris, and conveyed to a trustee for the purpose of protecting it from his creditors, does not support the judgment under review; for in the case cited there was no attempt to create a remainder. 'It was for Obear’s sole benefit. Chief Justice Warner in the opinion said: “In our judgment, a trust estate.can not be created in…