5 Ga. 301 | Ga. | 1848
delivering the opinion.
When this case was before us, at a previous term of this Court, we ruled that Bennett Crafton, as the qualified executor of James Beal, deceased, was entitled to the possession of the- trust property, for the purpose of executing the trust devolved upon him, by the last will and testament of the testator. 1 Kelly, 332. It is now insisted that before a valid decree can be made, against the defendants, Walter Harris, one of the executors named in the will of James Beal, but who never qualified as such, and Samuel B. Crafton, one of the cestui que trusts, should be made parties. It does not appear from the record, that Harris is anything more than a mere debtor to the estate; that he borrowed a portion of the trust fund,' for which he. gave his note. It is true, he states, that being the only one of the executors, or trustees, who resided in the neighborhood of the deceased testator, he attended to the business of the estate, though concurrently with, and in subordination to, Robert Beal, the only qualified executor at that time. He never took upon himself the execution of the trusts, under the will. The complainant, Bennett Crafton, has qualified as executor, and has taken upon himself the execution of the trusts, declared by the testator’s will.
The bequest of the Chavers and Longstreet notes, is a specific legacy, and the general rule is, that specific legacies, of a productive nature, bear interest from the death of the testator.
Note. — See Graybill Butts vs. Warren, 4 Ga. Sup Ct. Rep. where the Court have examined this question fully.