Miller v. Miller
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Henry. EloycL superior court. July term, 1897. J. J. Miller died on October 20, 1894, leaving a widow, Martha G., and five children. Of these, .Frank W. Miller and Ella. Eich are children of a former marriage. The second marriage - was on September 16, 1866, said Martha G. then being the-widow of William Ware; and at the time of this marriage was'pending her proceeding to have’ assigned to her dower in the-lands of William Ware.
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Exceptions to auditor’s report. Before Judge Henry. EloycL superior court. July term, 1897. J. J. Miller died on October 20, 1894, leaving a widow, Martha G., and five children. Of these, .Frank W. Miller and Ella. Eich are children of a former marriage. The second marriage - was on September 16, 1866, said Martha G. then being the-widow of William Ware; and at the time of this marriage was'pending her proceeding to have’ assigned to her dower in the-lands of William Ware. The dower was set apart in 1867, the-same being 143 acres, consisting of lots 245, 244, 189 (except five acres on the…
1Opinion of the Court
Simmons, O. J.
1. Under the facts of the present case, there was no error in overruling the objections to the report o£ the auditor. Plaintiffs in error claim that the land conveyed by Miller to his three wards was worth much more than the amount which he received for it, and that the excess of this value should be treated, in the distribution of Miller’s estate, as an advancement to the wards, children by his second wife. We think it can not be so treated. The transaction which he, as guardian, entered into with himself as an individual, with the approval of the ordinary, ivas in the nature…
2Cases cited2 opinions
- Whitt v. KetchumSupreme Court of Georgia · 1889
- Roberts v. DickersonSupreme Court of Georgia · 1895
3Cited by26 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Wise v. WiseSupreme Court of Georgia · 1923
- Estes v. EstesSupreme Court of Georgia · 1941
- Bennett v. DavisSupreme Court of Georgia · 1946
- Walden v. WaldenSupreme Court of Georgia · 1940
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