Dixon v. Richardson
Supreme Court of Georgia
1Opinion of the Court
Jenkins, Justice.
1. It is the general rule that “the assent of the executor to a legacy to the tenant for life inures to the benefit of the remainderman.” Code, § 85-709; Wilson v. Aldenderfer, 183 Ga. 760 (2) (189 S. E. 907), and cit. The rule is otherwise where “the executor by the will has a trust to perform, arising out of the property,” after the death of the life-tenant. Gay v. Gay, 29 Ga. 549 (2), 552; Miller v. Harris County, 186 Ga. 648, 652 (198 S. E. 673), and cit.; Evans v. Paris, 148 Ga. 44 (3), 46 (95 S. E. 682). In the instant case it appears that while the residuary estate has…
2Cases cited7 opinions
- Field v. ManlySupreme Court of Georgia · 1938
- Miller v. Harris CountySupreme Court of Georgia · 1938
- Wilson v. AldenderferSupreme Court of Georgia · 1937
- Harris v. BrownSupreme Court of Georgia · 1905
- Thompson v. HaleSupreme Court of Georgia · 1905
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3Cited by1 opinion
- Philip H. Alston, Jr., and the Citizens and Southern National Bank, Executors of the Estate of Charles Loridans v. United StatesCourt of Appeals for the Fifth Circuit · 1965