Hines v. McCombs
Court of Appeals of Georgia
Appeal, from Baldwin superior court — Judge Lewis. January 16, 1907. Isabella Hendrix died, leaving a will. So far as they are material to this controversy, the provisions of the will are substantially as follows: Her husband, H. E. Hendrix, is appointed executor and trustee; and in both capacities he is relieved from accountability to any court for his conduct. To the said trustee is devised all the testator’s property, real, personal, and mixed.
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Appeal, from Baldwin superior court — Judge Lewis. January 16, 1907. Isabella Hendrix died, leaving a will. So far as they are material to this controversy, the provisions of the will are substantially as follows: Her husband, H. E. Hendrix, is appointed executor and trustee; and in both capacities he is relieved from accountability to any court for his conduct. To the said trustee is devised all the testator’s property, real, personal, and mixed. "Said H. E. Hendrix, as trustee as aforesaid, shall have absolute cusiody and control of each and all of said property, with power to .sell or…
1Opinion of the CourtPowell, J.
(After stating the facts).
Under the will, H. E. Hendrix was not only the executor and the holder of the life-estate, but he was also the donee of an additional power, not ordinarily attaching either to the office of the executor or to the estate of a life-tenant. Viewed solely as a tenant for life, he would have possessed the statutory power of control over the entire estate for the purpose of rentals and leases only to the end of the year of his death. See Story v. Butt, ante, 119, (58 S. E. 388). However, a review of the English cases will show that long before „ the enactment of the…
2Cases cited4 opinions
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Hutcheson v. HodnettSupreme Court of Georgia · 1902
- Story v. ButtCourt of Appeals of Georgia · 1907
- Manget v. HightowerSupreme Court of Georgia · 1879
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