Legal Opinion

Scruggs v. Burke

Supreme Court of Georgia

Decided November 21, 1888PublishedCited by 8 opinions

Equity. Executors azid administrators. Before Judge Roney. Jefferson superior cozzz't. May term, 1888. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

We think the court was right in sustaining the demurrer to this bill for the want of equity. The will directed the executor (the plaintiff’ in error) to sell all of the property of the testator, and to pay his just debts first, and after the debts were paid to invest the surplus in land for the benefit of his widow azid children. The executor sold nearly all of the personal property, and exchanged the lazzd left by the testator for a smaller tract of land and received $700 in money, *167the difference between the two, and so far as the record discloses, received enough money from…

2Cited by8 opinions

  1. Callaway v. City of AtlantaCourt of Appeals of Georgia · 1909
  2. Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
  3. Hackett v. TateCourt of Appeals of Georgia · 1916
  4. Carroll v. Inner Shoe Tire Co.Court of Appeals of Georgia · 1917
  5. Davis v. CunninghamCourt of Appeals of Georgia · 1923

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