BIRD v. STEIN

No. 14228.

205 F.2d 512 (1953)

BIRD et al. v. STEIN et al.

United States Court of Appeals Fifth Circuit.

June 26, 1953.


Attorney(s) appearing for the Case

Frank E. Everett, Jr., and Brunini, Everett, Grantham & Quin, Vicksburg, Miss., for appellants.

H. P. Farish, W. C. Keady and Edward J. Bogen, Farish, Keady & Campbell, Greenville, Miss., for appellees.

Before HOLMES, STRUM and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

A man may not step into and out of the role of trustee as his personal interest dictates; it is easier to step into the role than it is to step out of it; and the evidence in this case overwhelmingly shows that Lawrence Stein assumed the role of trustee under his father's will and acted in that capacity many times to his pecuniary advantage. We did not hold in our former opinion that a joint tenancy in Little Hope plantation, with the right...

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