Worrill v. Gill
Supreme Court of Georgia
Estoppel. Legacy. Ademption. Before Judge Johnson. Marion Superior Court. April Term, 1872. Jackson Gill, as administrator de bonis non, with the will annexed, of James Perryman, deceased, brought ejectment against E. H. Worrill, as administrator upon the estate of Anthony G. Perryman, deceased, et al., for a certain tract of landvsituated in the county of Marion. Thé decision of the Supreme Court will be fully understood from the refusal to charge and the charge as given.
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Estoppel. Legacy. Ademption. Before Judge Johnson. Marion Superior Court. April Term, 1872. Jackson Gill, as administrator de bonis non, with the will annexed, of James Perryman, deceased, brought ejectment against E. H. Worrill, as administrator upon the estate of Anthony G. Perryman, deceased, et al., for a certain tract of landvsituated in the county of Marion. Thé decision of the Supreme Court will be fully understood from the refusal to charge and the charge as given. The defendants requested the Court to charge as follows, to-wit: “If the jury shall find that James Perryman, in May,…
1Opinion of the Court
Montgomery, Judge.
The subject matter of the present suit having been specifically devised by the testator, and afterwards disposed of by him by deed, there can be no doubt that the devise was adeemed: White vs. Winchester, 6 Pick., 47, and authorities there cited; Code, 2427. Was the executor estopped by probate of the will from setting up the ademption ? Had the testator sold the property to a stranger, and he, before probate of the will by the executor, resold to the latter, it will hardly be contended that the executor, under such circumstances, would have been estopped by the probate from…
2Cited by4 opinions
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- Peacock v. OwensSupreme Court of Georgia · 1979