Burch v. Burch
Supreme Court of Georgia
Caveat on appeal, in Elbert Superior Court. Tried before Judge T. W. Thomas, at September Term, 1854. The questions in this case arose upon the application of John C. Burch, as the executor of Mrs. Elizabeth Burch, for letters testamentary upon the estate of William S. Burch, deceased.
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Caveat on appeal, in Elbert Superior Court. Tried before Judge T. W. Thomas, at September Term, 1854. The questions in this case arose upon the application of John C. Burch, as the executor of Mrs. Elizabeth Burch, for letters testamentary upon the estate of William S. Burch, deceased. To this application John W. Burch and others, a portion of the legatees under the will, entered a caveat upon the grounds: 1st. That John C. Burch, as executor of Mrs. Burch, was not entitled to the letters upon the estate of William S.. Burch. 2d. That the will of William S. Burch had been fully executed, and…
1Opinion of the Court
The Court not being unanimous, delivered their opinionsseriatim.
By the Court.
Lumpkin, J.
delivering the opinion.
But two questions present themselves to our consideration upon this record, and I shall consider them in the order in which they were argued by Counsel.
[1.] The first is, whether the defendant in error, John C-, ^Burch, by virtue of his appointment and qualification as executor of the last will and testament of Wm. Elizabeth Burch, became entitled to represent the estate of Mrs. S. Burch, deceased, of which Mrs. Elizabeth Burch was the sole surviving executrix, at the time of her…
2Cases cited1 opinion
- McGinnis v. FosterSupreme Court of Georgia · 1848
3Cited by5 opinions
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- Morrison v. SlatonSupreme Court of Georgia · 1918
- McWilliams v. GoughWisconsin Supreme Court · 1903
- Jepson v. MartinSupreme Court of Georgia · 1902
- Reynolds v. DorseySupreme Court of Georgia · 1941