Parker v. Dowdy
Supreme Court of Georgia
Administrators and Executors. Evidence. New Trial. Before Judge Knight. Lumpkin Superior Court. September Term, 1876. Dowdy brought complaint against Parker, as executor of Riley, deceased, to recover a legacy of $250.00, alleged to have been left to him by the will of the latter.
Read the full summary
Administrators and Executors. Evidence. New Trial. Before Judge Knight. Lumpkin Superior Court. September Term, 1876. Dowdy brought complaint against Parker, as executor of Riley, deceased, to recover a legacy of $250.00, alleged to have been left to him by the will of the latter. The declaration alleged that this legacy was to be paid, according to the terms of the will, from the proceeds of certain property belonging to the testator, known as the “Alabama place but that the executor refused to pay said legacy, although the property had been sold, and the proceeds, to the amount of…
1Opinion of the Court
Bleckley, Judge.
1. As to most of the demands pleaded as outstanding, the executor submitted no evidence, except the bare fact that suits for them were pending against him. He should have gone further and shown some evidence that the testator had made contracts, or committed torts for which his estate was probably liable. That contracts or torts were alleged in declarations filed in court against the executor, would, of itself, establish nothing. If the mere pendency of suits would bar or delay the action of a legatee, where the amounts claimed in the suits happened to. aggregate more than the…
2Cited by2 opinions
- Williams v. LancasterSupreme Court of Georgia · 1901
- Prigden v. DuerSupreme Court of Georgia · 1870