Allen v. Hurst
Supreme Court of Georgia
Complaint. Before Judge Sheffield. Olay superior court. September 21, 1903. Mrs. Georgia Allen, for herself and as next friend of her three minor children, brought suit against Hurst.
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Complaint. Before Judge Sheffield. Olay superior court. September 21, 1903. Mrs. Georgia Allen, for herself and as next friend of her three minor children, brought suit against Hurst. The petition alleges that the plaintiff and her three minor children, and Walter Allen, an adult, who declines to become a party to the suit, are the only heirs at law of S. A. Allen, who died in 1901, intestate; that the deceased left an estate consisting entirely of personal property, which does not exceed in value five hundred dollars; that the estate “has no legal representative,” and no year’s support has…
1Opinion of the CourtCobb, J.
While the petition is brief and somewhat informal, it was clearly the intention of the pleader to bring a suit under the Civil Code, § 3310, against the defendant as an executor in his own wrong. It is not an effort to recover the property as a year’s support, but a suit by heirs at law to recover, under the terms of the section referred to, double the value of the property converted. The allegations as to year’s support are surplusage, and the peti*765tion does not contain two counts, but only one seeking a recovery against the defendant as an executor in his own wrong. Heirs at law can not…
2Cases cited5 opinions
- Morgan v. WoodsSupreme Court of Georgia · 1882
- Willingham v. RushingSupreme Court of Georgia · 1898
- Smith v. TurnerSupreme Court of Georgia · 1900
- Carr v. BerrySupreme Court of Georgia · 1902
- Shotwell v. RowellSupreme Court of Georgia · 1860
3Cited by6 opinions
- Brown v. Mutual Life InsuranceSupreme Court of Georgia · 1916
- Moughon v. MastersonSupreme Court of Georgia · 1913
- Wimberly v. RossSupreme Court of Georgia · 1921
- Williamon v. WilliamonSupreme Court of Georgia · 1953
- Jones v. JonesSupreme Court of Georgia · 1921
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