180 Ga. 648 | Ga. | 1935
J. R. 0. Lindsey, as administrator of the estate of Minnie R. Blunt, filed an equitable petition against J. D. Robinson, alleging that as such administrator he had title to certain described property, 475 acres, more or less, of lot 121 in the 9th district of Colquitt County, Georgia, the legal title to which had been conveyed by warranty deed from J: R. M. Lindsey on March 21, 1901, to his intestate. From the copy of the deed which is attached as exhibit A, it is disclosed that J. R. M. Lindsey conveyed the said property and certain live stock to his daughter, then Minnie R. Lindsey, who was non compos mentis, but reserving to himself the right to hold the same in trust for her, and to “bargain and sell” the same for her and in her name, appointing at and after his death his son, W. B. Lindsey, “to hold all of said property of this remaining, and also the increase there may be in the stock herein conveyed,” said W. B. Lindsey “to hold same in trust for the use and benefit of said Minnie R. Lindsey, her bodily heirs,”
In order to determine whether or not the defendant should have been enjoined from selling the property in question, it is necessary to decide whether in the deed of trust a power was given to the trustee, W. B. Lindsey, to execute a security deed by virtue of the language employed in the instrument, or whether the authority “ to- sell and dispose” was limited to a sale. It is evident that the creator of the trust, realizing the inability of his mentally incompetent daughter to manage her own affairs, desired to place the control of the property in competent hands “to hold same in trust for the use and benefit” of her; but apprehending that the income or use of the property might become insufficient for her proper support and maintenance, he conferred upon the trustee, W. B. Lindsey, at and after his death, the power to “sell and dis’pose” of the property in his discretion for the benefit of the cestui
In the instant case there is no language in the trust deed that
The second headnote does not need elaboration.
Judgment reversed.