Grinnan v. Long

Citations

• 22 W. Va. 693
• 1883 W. Va. LEXIS 92

Syllabus

<p>(*Woods, Judge, Absent.)</p> <p>1. Where a trustee filed his bill setting out that he had in his posession a trust-fund, and praying that his trustee-accounts might be settled, and the fund distributed,. and the commissioner ascertained the amount of the trust-fund in the trustee’s hands, and the court at the instance of the creditors issued a rule against . the trustee to show cause why the fund should not be paid into court, and the trustee in his answer to the rule failed to show cause, the court properly made an order requring the trustee to pay into court the amount of the trust-fund so ascertained to be in his hands, (p. 696.)</p> <p>2 Bueh an order in sucli a case is proper, although it may not appear that the trustee had abused his trust, or that the fund was in danger by the insolvency of the trustee, (p. 697.)</p> <p>3.-' Before such an order is made to require money in the hands of a trustee to be paid into court, the trustee should be summoned to appear and show cause why the money should not be paid into court, (p. 698.)</p>