Evans v. Newton
| Decision Date | 14 March 1966 |
| Docket Number | No. 22534,22534 |
| Citation | 221 Ga. 870,148 S.E.2d 329 |
| Parties | E. S. EVANS et al. v. Charles E. NEWTON et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The judgment of this court of September 28, 1964, in the case of Evans et al v. Newton et al., 220 Ga. 280, 138 S.E.2d 573, having been reversed by the Supreme Court of the United States on January 17, 1966, 382 U.S. 296, 86 S.Ct. 486, 15 S.Ed.2d 373, the judgment of this court is vacated and the trial court is directed to pass on the contentions of the parties not passed on previously, and the judgment of the United States Supreme Court of January 17, 1966, is made the judgment of this Court.
Donald L. Hollowell, William H. Alexander, Atlanta, Jack Greenberg, James N. Nabrit, III, New York City, for appellants.
Jones, Sparks, Benton & Cork, Trammell F. Shi, Macon, for appellees.
The judgment of this court of September 28, 1964 (Evans v. Newton et al, 220 Ga. 280, 138 S.E.2d 573), affirming the judgment of the Bibb Superior Court, was on January 17, 1966, reversed by the Supreme Court of the United States, 382 U.S. 296, 86 S.Ct. 486. In its mandate to this Court, it was ordered 'that the cause be remanded to the Supreme Court of the State of Georgia for further proceedings not inconsistent with the opinion of this Court.'
In response to our request, counsel for the plaintiff in error and counsel for the defendant in error, other than the City of Macon, have filed briefs as to what directions, if any, should be given on the return of this case to the trial court.
When this case was before us for review, we sustained the orders of the trial judge accepting the resignation of the City of Macon as trustee of Baconsfield and appointing new trustees. The Supreme Court of the United States, in the general reversal of the judgment of this court, did not, in the majority opinion, make any specific ruling on the right of the City of Macon to resign as trustee or that new trustees could not be appointed. The resignation of the City of Macon as trustee of Baconsfield because of its inability to carry out the provisions of the trust being an accomplished fact (and we know of no law that could compel it to act as trustee) and the order of the court appointing new trustees having been reversed, the trust property is without a trustee. Even if new trustees were appointed, they would be compelled to operate and maintain the park as to Whites and Negroes on a non-discriminatory basis which would be contrary to and in...
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Tinnin v. First United Bank of Mississippi
...white men" was altered through cy pres power to include all races. On the other hand, we are impressed by the force of Evans v. Newton, 221 Ga. 870, 148 S.E.2d 329 (1966), affirmed sub nom. Evans v. Abney, 396 U.S. 435, 90 S.Ct. 628, 24 L.Ed.2d 634 (1970), wherein the Georgia Supreme Court ......
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Evans v. Abney
...sole purpose for which the trust was created has become impossible of accomplishment and has been terminated.' Evans v. Newton, 221 Ga. 870, 871, 148 S.E.2d 329, 330 (1966). Without further elaboration of this holding, the case was remanded to the Georgia trial court to consider the motion ......
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Ellis v. City of La Mesa, s. 92-55086
...Witkin, Summary of California Law, "Trusts" § 298 (9th ed. 1990); Restatement (Second) of Trusts § 335. See e.g. Evans v. Newton, 221 Ga. 870, 148 S.E.2d 329 (1966), aff'd sub nom, Evans v. Abney, 396 U.S. 435, 90 S.Ct. 628, 24 L.Ed.2d 634 (1970) (where sole purpose for which the trust had ......
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Ivey v. Ivey
...of the trust, because the security deed is void and must be cancelled for the reasons discussed in Division 3. Compare Evans v. Newton, 221 Ga. 870, 148 S.E.2d 329 (1966). The evidence did not demand a termination of the trust under OCGA § 53-12-152(a)(1), (2) or (3), and, therefore, the tr......