Keaton v. Baggs & Stephens
Supreme Court of Georgia
Equity. Injunction. Trusts. Remainders. Debtor and creditor. Before Judge Strozer. Dougherty county. At Chambers. October 30th, 1874. This case is sufficiently reported in the above head-note.
1Opinion of the Court
McCay, Judge.
It is very plain, from the terms of the trust deed, that the interest of the remaindermen is not subject to the debts of the life-estate tenant, and that the judgment he has allowed to go against him, as trustee, is an unjust and illegal appropriation of the interest of the remaindermen to his (the trustee’s) private interest. The judgment was a devastavit, and a court of equity will not permit it to be enforced against the remaindermen. It is the duty of the trustee to interfere, and he does so as trustee: See the case of Wingfield, administrator, vs. Virgin et al., 51 Georgia,…
2Cited by5 opinions
- Kollock v. WebbSupreme Court of Georgia · 1901
- Reich v. StateSupreme Court of Georgia · 1879
- Moore, Jenkins & Co. v. LampkinSupreme Court of Georgia · 1879
- Keaton v. FarkasSupreme Court of Georgia · 1911
- Williams v. RameySupreme Court of Georgia · 1947