Cross v. Johnson
Supreme Court of Georgia
Realty. Heirs. Administrators. Tear’s support. Before Judge Hines. Emanuel, superior court. November term, 1887. Mi's. Perneta Johnson, Rowan and J. L. Johnson, as heirs and distributees of the estate of B. W. Johnson, deceased, (the former being the widow and the other two the children of said B. W.) cited Littleton Cross, as administrator of said B. W., to a settlement. The matter wa.s appealed, by consent, from the court of ordinary to the superior court.
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Realty. Heirs. Administrators. Tear’s support. Before Judge Hines. Emanuel, superior court. November term, 1887. Mi's. Perneta Johnson, Rowan and J. L. Johnson, as heirs and distributees of the estate of B. W. Johnson, deceased, (the former being the widow and the other two the children of said B. W.) cited Littleton Cross, as administrator of said B. W., to a settlement. The matter wa.s appealed, by consent, from the court of ordinary to the superior court. On the trial, the following evidence was introduced: Plaintiffs showed that Mrs. Johnson, one of original plaintiffs, had died. About…
1Opinion of the Court
Bleckley, Chief Justice.
A turpentine plantation is realty. On the death of an owner intestate, his realty vests immediately in his heirs at law. Code, §2488. The court should so have charged the jury. The widow is a co-heir with children unless she takes dower. She may, without impropriety, rent out the realty in behalf of herself and the children, if they do not object, even if there be an administrator. Certainly she may do it when there is none. In this case, the evidence indicates that the widow did not take dower, but a child’s part, in her deceased husband’s realty; that she rented the…
2Cases cited1 opinion
- Barron v. BurneySupreme Court of Georgia · 1868
3Cited by8 opinions
- Hoyt v. WareSupreme Court of Georgia · 1923
- Johnson v. City of BlackshearSupreme Court of Georgia · 1943
- Milner v. VandivereSupreme Court of Georgia · 1891
- Bowen v. BowenSupreme Court of Georgia · 1946
- Kerr v. McAnallySupreme Court of Georgia · 1936
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