Legal Opinion

Dixon v. Richardson

Supreme Court of Georgia

Decided September 15, 1942No. 14240PublishedCited by 1 opinion

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

  1. Field v. ManlySupreme Court of Georgia · 1938
  2. Miller v. Harris CountySupreme Court of Georgia · 1938
  3. Wilson v. AldenderferSupreme Court of Georgia · 1937
  4. Harris v. BrownSupreme Court of Georgia · 1905
  5. Thompson v. HaleSupreme Court of Georgia · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. 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

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