McKinney v. Powell
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Eulton superior court. October 1, 1918. Charles D. McKinney, as administrator with the will annexed' of the estate of Mrs. Mary J. Rucker, filed his equitable petition in Eulton superior court against Frank A. Powell, Herbert A. Sage, John M. Hulsey, Mrs. Maud Powell Turner, Ernestine Turner, Atlanta Trust Company, H. Chapman Powell, Travers Leigh Powell, T. P. Hinman, W. F. Young, W. J. Houston, and others, the defendants named being…
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Equitable petition. Before Judge Bell. Eulton superior court. October 1, 1918. Charles D. McKinney, as administrator with the will annexed' of the estate of Mrs. Mary J. Rucker, filed his equitable petition in Eulton superior court against Frank A. Powell, Herbert A. Sage, John M. Hulsey, Mrs. Maud Powell Turner, Ernestine Turner, Atlanta Trust Company, H. Chapman Powell, Travers Leigh Powell, T. P. Hinman, W. F. Young, W. J. Houston, and others, the defendants named being legatees, or representatives of legatees, or heirs of deceased legatees, or persons having claims against legatees under…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that the court did not err in sustaining the general demurrer to the petition and dismissing the same. None of the questions raised are of such character as to render them peculiarly subjects of equity jurisdiction, but are. all questions cognizable in a court of law and in the court of ordinary, which first had jurisdiction of the issues involved in this case. As will be observed from the statement of facts, a petition for construction of the will and direction had, some years prior to the filing of this petition, been brought in the…
2Cases cited1 opinion
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