Coffin v. Murphy

Citations

• 62 Miss. 542

Syllabus

<p>1. Chancery. Appointment of new trustee. Proof. Deposition. Code 1871, $ 1076.</p> <p>Upon a bill filed against minors seeking the appointment of a new trustee in a deed of trust in the place of one who has died, it is necessary to prove the death of the trustee whose place the court is asked to fill, and, under § 1076 of the Code of 1871, such proof could only be made by deposition.</p> <p>2. Same. Decree appointing new trustee. Absence of deposition. Presumption on appeal.</p> <p>This court cannot presume that a deposition establishing the death of the original trustee in such case has been lost, where the record brought here on an appeal from the decree appointing a new trustee contains no deposition.</p>