Boyces Delaware Reports Vol 2

Author : Delaware. Court Of Chancery
Publisher : Rarebooksclub.com
ISBN 13 : 9781230010007
Total Pages : 174 pages
Book Rating : 4.0/5 (1 download)

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Download or read book Delaware Chancery Reports written by Delaware. Court Of Chancery and published by Rarebooksclub.com. This book was released on 2013-09 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...on him before collection. It proceeds on the ground of a breach of trust by Mrs. White, and of legal fraud by both her and Cannon, in diverting to the payment of White's debts afund which on its face belonged to Bar.. wick's estate. The answer denies that the complainant, as the representative of Barwick's estate, has any standing in a court of equity against White's representative, as there is a clear legal remedy on White's bond; and it denies that be has a remedy any where for the proceeds of sale of land where such land was sold by another. It denies also that any investigation can be made as to the fraud in converting the note to an improper purpose, without making Pennewill a party. As long as the proceeds of trust property can be traced, as separate from other property of the trustee, it is liable to the trust purposes. George P. White, as administrator of Barwick, had no right to the land, or its proceeds, until that land had been lawfully sold under the order of the Court; and the proceeds came to his hands for the purpose for which it was sold, viz: the payment of Barwick's debts. While, therefore, the proceeds of sale of this land were represented by the note of the purchaser, expressing on its face that it was trust property, it remained trust property, / and belonged tothe estate of Barwick in the hands of his administrator, White, as a trustee for Barwick's creditors, and, after they were paid, as trustee for his devisec or heirs at law. In that condition was this fund at the death of George P. White, who had received more than enough money from the sale of the land to pay the balance appearing due to him on his second administration account after deducting the payments made by Mrs....