Green v. Wooldridge, Travers & Co.

Citations

• 89 Va. 632
• 16 S.E. 875
• 1893 Va. LEXIS 82

Syllabus

<p>1. Trust Fuxd—Capital—Encroachments upon.—-Courts look with disfavor upon the assumption by trustees of authority to encroach upon the capital of the trust estate. The burden is on the trusteej or those claiming the benefit of his action, to show the necessity for such encroachment, and that it was impossible to apply to the court for directions.</p> <p>2. Idem—Case at bar.—Gr, as trustee, bought fertilizer, giving his note and pledging his tobacco crop in payment. The beneficiaries were his wife and children, who lived on their own estate. He occupied the trust estate, and did not contribute to their support. In the suit to enforce payment of the note—</p> <p>Held :</p> <p>No necessity for encroachment upon the capital of the trust estate having been established, the same could not be subjected to its payment.</p>