Gaines v. Gaines
Supreme Court of Georgia
Equitable petition. Before Judge Fite. Bartow superior court. January 2, 1902. Lewis P. Gaines, as executor of the will of Reuben Gaines, and in his own right, filed a petition for direction, injunction, and other relief.
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Equitable petition. Before Judge Fite. Bartow superior court. January 2, 1902. Lewis P. Gaines, as executor of the will of Reuben Gaines, and in his own right, filed a petition for direction, injunction, and other relief. The will, a copy of which is attached to the petition, contains the following provisions: “Item 1st. I hereby appoint as my executor to carry out this will my son, Lewis P. Gaines, . . -. and he shall not be required to give bon*d as such, nor make returns to any court. He shall have power to sell any property, real or personal, belonging to my estate, either at public or…
1Opinion of the CourtAdams, J.
The petition in this case was filed after that dealt with in the case of Gaines v. Gaines et al., ante, 475, the present defendant in error being the defendant in the court below. It was filed under the provisions of the Civil Code, §4000. All the questions involved are connected with the distribution of the estate. All the parties concerned under the will or as heirs at law are made parties defendant. The petition contains abundant equity, and complete justice can be done in the case made without the violation of any rule of law or practice known to us. We have read the petition, which the…
2Cited by2 opinions
- Barker v. WilkinsonSupreme Court of Georgia · 1966
- Reynolds v. IngrahamSupreme Court of Georgia · 1934