Shivers v. Goar
Supreme Court of Georgia
Construction of Wills. Estoppel. Before Judge Harrell. Webster Superior Court. March Term, 1870. The Ordinary of Stewart county sued, (for the use of Arm-stead Goar and Abner F. Goar,) James L. Shivers, as the executor of Pharis Goar, deceased, upon a bond giveu by Pharis Goar, as the guardian of said Armstead and Abner F. and their sister. Several defenses were filed.
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Construction of Wills. Estoppel. Before Judge Harrell. Webster Superior Court. March Term, 1870. The Ordinary of Stewart county sued, (for the use of Arm-stead Goar and Abner F. Goar,) James L. Shivers, as the executor of Pharis Goar, deceased, upon a bond giveu by Pharis Goar, as the guardian of said Armstead and Abner F. and their sister. Several defenses were filed. The”only one important here, is that there could be no recovery for said usees because they had accepted a certain legacy under the will of Pharis Goar, deceased, upon certain terms therein stated and were thereby estopped to…
1Opinion of the CourtMcCay, J.
We are clear that there ought to be a new trial in this case. The legacy to these young men, was given to them distinctly upon condition that they would not press their claims against the testator’s estate, for his acts as their guardian. After his death they accepted the legacy, took possession of it, and have had it now nearly ten years. We hold that they are estopped. It would be gross injustice to permit them to enjoy the legacy ten years, and, after perhaps wearing out the land, or finding it depreciated, to set up their claims, with accumulated interest and repudiate their own act of…
2Cited by4 opinions
- Sanford v. GoodellNew York Supreme Court · 1894
- In re the application to revoke the probate of the will of StewartNew York Surrogate's Court · 1889
- Sanford v. GoodellNew York Supreme Court, St. Lawrence County · 1894
- White v. HowellCourt of Appeals of Georgia · 1968