Gilbert v. Thomas
Supreme Court of Georgia
In Equity. Bill and demurrer. From Hancock Superior Court. Before Judge Sayre. October Term, 1847. The bill in this case alleged, that’Darius Gilbert, of the county of Hancock, departed this life, leaving a will, and having appointed Thomas Gilbert and William M. Hardwick his executors; that Hardwick alone qualified, and was finally removed from the trust on account of an alleged waste and mismanagement, and Henry Rogers was appointed administrator de. bonis non, cum…
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In Equity. Bill and demurrer. From Hancock Superior Court. Before Judge Sayre. October Term, 1847. The bill in this case alleged, that’Darius Gilbert, of the county of Hancock, departed this life, leaving a will, and having appointed Thomas Gilbert and William M. Hardwick his executors; that Hardwick alone qualified, and was finally removed from the trust on account of an alleged waste and mismanagement, and Henry Rogers was appointed administrator de. bonis non, cum testamento annexo. That the creditors of Darius Gilbert filed their bill in equity in the Superior court of the county of…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
One Darius Gilbert of the county of Hancock, died, leaving a will, and having appointed Thomas Gilbert and one William M. Hardwick his executors. Hardwick alone qualified. Hardwick was finally removed from the trust on account of alleged waste and mismanagement, and Henry Rogers was appointed administrator de bonis non, cum testamento annexo. The creditors of Darius Gilbert filed their bill in the Superior court of Hancock county, against Rogers, the present representative, Hardwick, the re*578moved executor, and Thomas Gilbert, who is charged in…
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