Cole v. Elfe
Supreme Court of Georgia
Complaint in Bibb. Decided by Judge Powers, at May Term, 1857. Upon application to the Ordinary of Bibb county, commissioners were appointed to appraise aitd set apart from the estate of Henry H. Cole, deceased, one year’s support for his widow and three children, as provided and directed by statute.
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Complaint in Bibb. Decided by Judge Powers, at May Term, 1857. Upon application to the Ordinary of Bibb county, commissioners were appointed to appraise aitd set apart from the estate of Henry H. Cole, deceased, one year’s support for his widow and three children, as provided and directed by statute. The Commissioners returned that deceased left no property except a lot in the city of'Macon, containing one-fourth of an acre, and which he in his life-time mortgaged to the Loan Association for $1600; more than double the worth of the lot. They also find and return, that deceased owned two…
1Opinion of the Court
By the Court —
Lumpkin, J.
delivering the opinion.
We differ from the Court below, in holding that the fan'i ily of the intestate were not entitled to a support out of the the assets of the estate, as against the mortgage lien of the Building and Loan Association. The Acts of 1838 and 1850, (Cob 296 and 298,) created this reservation for the maintenance of the widow and children, “ notwithstandii any debts, dues og obligations which the testator or intesta might owe.” S OSJ
■ What is the conflicting claim here, but a debt or obligation, secured by mortgage ? and one contracted too in tl e face of…
2Cited by4 opinions
- Gleason v. Traynham & RaySupreme Court of Georgia · 1900
- In re DicksDistrict Court, S.D. Georgia · 1912
- Elfe v. ColeSupreme Court of Georgia · 1858
- Penniman Gravel & Material Co. v. HuttonCourt of Appeals of Texas · 1929