Barwick v. White

Citations

• 2 Del. Ch. 284

Syllabus

<p>A trust fund, so long as it can be traced, may be followed for the purpose of enforcing the trust.</p> <p>A promissory note, taken by an administrator for proceeds of land of his decedent sold under an order of the Orphans Court for the payment of debts, and shewing on its face the purpose for which it was given is a trust fund.</p> <p>Upon the death of the administrator, the assignment of the note by his administratrix to pay his debts is a breach of trust and a legal fraud, for which the administratrix and her assignee are,liable in equity.</p> <p>The maker of the note, by whom it had been paid, is not a necessary party to a bill to enforce the trust. Neither are the heirs or devisees of the decedent, whose land was sold, necessary parties. The fund belongs to the administrator de bonis non of the decedent.</p>