Citation Numbers: 1 Ga. L. Rep. 262
Judges: Hall
Filed Date: 7/1/1885
Status: Precedential
Modified Date: 9/8/2022
A trust was created in 1860, whereby a woman'and her children were jointly interested in the usufruct or income of the estate during her life, and at her death the remainder vested in her children or the representatives of such as might be dead. Prior to June, 1865,
Held, that the action was barred by the statute of limitations of' 1869. (Acts 1869, pp. 133, 131, sec. 5.) Constructive fraud will not prevent the bar of the statute from attaching, but it must appear that the trustee acted corruptly and committed actual fraud or such as involves moral turpitude. 62 Ga., 123; 67 Id., 466; 68 Id., 201.
Judgment affirmed.