Judges: PER CURIAM. —
Attorneys: A. Melrose Lamar, for Relators.
Filed: May 13, 1927
Latest Update: Mar. 02, 2020
Summary: April 11th, 1927, relators filed their bill of complaint in the Circuit Court of Palm Beach County, *Page 1031 Florida, against Farmers Bank Trust Company, a corporation; Ernest Amos, as Comptroller of the State of Florida; William H. Power and Mortgage Securities Corporation, defendants, praying for the appointment of a successor in trust to said Farmers Bank Trust Company, as trustee under a certain trust instrument made by Hiram F. Hammon, late of Palm Beach County, Florida, dated April 1st,
Summary: April 11th, 1927, relators filed their bill of complaint in the Circuit Court of Palm Beach County, *Page 1031 Florida, against Farmers Bank Trust Company, a corporation; Ernest Amos, as Comptroller of the State of Florida; William H. Power and Mortgage Securities Corporation, defendants, praying for the appointment of a successor in trust to said Farmers Bank Trust Company, as trustee under a certain trust instrument made by Hiram F. Hammon, late of Palm Beach County, Florida, dated April 1st, 1..
More
In this cause the petition for alternative writ of mandamus was denied because the bill of complaint did not state an equity on which to predicate the relief prayed for and because the Chancellor was held not to be legally disqualified to act judicially on the bill of complaint as presented to him. The relator's rights against the bank may be enforced by due course of law whether the receiver
of the bank or a duly appointed substituted trustee be charged with a continuance of the trust duties.
Rehearing denied.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.
STRUM AND BROWN, J. J., concur in the opinion.
