Legal Opinion

Clayton v. Akin

Supreme Court of Georgia

Decided December 15, 1868PublishedCited by 13 opinions

Bill for direction. Order of distribution. Ademption. Decided by Judge Pope. Bartow Superior Court. October Term, 1868. John Clayton, Sr., of Bartow county, Georgia, made a will containing the following bequests : “Item 3d. I give and bequeath unto my wife, Agnes Clayton, absolutely, three negroes, to-wit: (naming them,) and $1,500 00 in money, to draw interest from the time of my death.

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Bill for direction. Order of distribution. Ademption. Decided by Judge Pope. Bartow Superior Court. October Term, 1868. John Clayton, Sr., of Bartow county, Georgia, made a will containing the following bequests : “Item 3d. I give and bequeath unto my wife, Agnes Clayton, absolutely, three negroes, to-wit: (naming them,) and $1,500 00 in money, to draw interest from the time of my death. I also give to her, my said wife, the house, kitchen, smoke-house, hen-house, garden, orchard, and the land the orchard is on, and enough land for turnip and potato patches, where I now reside, and fire-wood…

1Opinion of the CourtMcCay, J.

1. The legacy of $1,000 00 to the executor is, in every aspect of it, a general legacy; and as to abatement, in case of a deficiency of assets, must take its fate as such. It has been argued that the terms of the bequest are such that the legatee, in this case, is not a volunteer, but stands upon the footing of a purchaser. The authorities are abundant against this position. 2 Williams Ex., 1171; Fretwell vs. Stacy, 4 Vesey, 434; Attorney General vs. Robins, 2 P. W., 23; Herron vs. Herron, 2 Atk. 171. In all these cases the legacy was for “ the eare and pains” of the executor, language which…

2Cases cited1 opinion

  1. Williamson v. WilliamsonNew York Court of Chancery · 1837

3Cited by13 opinions

  1. Tinsley v. MaddoxSupreme Court of Georgia · 1933
  2. Overton v. LeaTennessee Supreme Court · 1902
  3. Borden v. JenksMassachusetts Supreme Judicial Court · 1886
  4. DuBose v. BoxSupreme Court of Georgia · 1980
  5. Lang v. VaughnSupreme Court of Georgia · 1912

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