Crenshaw

Plaintiff, as administrator of the estate of L. 0. Crenshaw, deceased, sought an accounting of profits alleged to have been realized through the sale of the property held in trust for the deceased. From a judgment in favor of plaintiff and against the defendant Roy C. Seeley in the sum of $7,745, said defendant appeals.

The declaration of trust executed on February 19, 1924, reads as follows:

The name of the corporation was thereafter changed to the Roy C. Seeley Holding Company, but we will refer to it herein as the Seeley Company. L. 0. Crenshaw died in August, 1924, and shortly thereafter his widow was appointed executrix. In January, 1929, she resigned as such executrix and plaintiff George L. Crenshaw was appointed administrator.

It appears without dispute that at the time of the declaration of trust and at all times thereafter defendant Roy C. Seeley was president and managing head of the Seeley Company; that in 1927, the Seeley Company sold said property to defendants • Roy C. Seeley and Thomas Beyrie, for the sum of $42,000; and that shortly thereafter said defendants Roy C. Seeley and Thomas Beyrie sold said property to others for the sum of approximately…