Bird v. Dyke
Supreme Court of Georgia
Equitable petition. Before Judge Ouster. Decatur superior court. December 4, 1923.
1Opinion of the CourtHines, J.
There is but one question in this case, and that is this: Is the widow of an intestate, who is mentally incapable of electing to take a child’s part in the estate of her deceased husband, and who did not in fact elect to so take, entitled, as his heir at *82law, to one fifth interest in the personal estate of the intestate, the latter leaving a widow and five children ?
The title to the real estate of an intestate vests immediately in his heirs at law. Title to all his other property vests in his administrator for the benefit of his heirs and creditors. Civil Code (1910), § 3929. The Code defines…
2Cases cited15 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Jossey v. BrownSupreme Court of Georgia · 1904
- Snipes v. ParkerSupreme Court of Georgia · 1896
- Allen v. GatesSupreme Court of Georgia · 1916
- LaGrange Mills v. KenerSupreme Court of Georgia · 1904
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3Cited by3 opinions
- Federal Land Bank of Columbia v. HensonSupreme Court of Georgia · 1928
- Darnell v. WilliamsSupreme Court of Georgia · 1930
- Payton v. JohnsonSupreme Court of Georgia · 1972