Newsome v. Cogburn
Supreme Court of Georgia
In Equity, in Putnam Superior Court. Tried before Judge Harris, March Term, 1860. This was a bill filed by John A. Cogburn, administrator of John Newsome, deceased, for direction as to the proper administration and distribution of the estate of his intestate.
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In Equity, in Putnam Superior Court. Tried before Judge Harris, March Term, 1860. This was a bill filed by John A. Cogburn, administrator of John Newsome, deceased, for direction as to the proper administration and distribution of the estate of his intestate. The bill alleges that John Newsome departed this life in the year 1855, and that he left a will, made 28th January, 1854, and which, after his death, was admitted to probate, and complainant duly qualified as executor thereof; that afterwards, said probate was set aside, and an intestacy declared by the Court of Ordinary, on the ground…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
Did the distribution made by John Newsome, the intestate, in his life-time, to the children of his first marriage, and their acceptance of an equal share of his whole estate at that *295time, on the terms expressed in their several receipts given for the same — that is, in full of all their claim or interest in his estate — exclude them from all further participation in this estate? We think it did. The intestate intended that the portions respectively given and received by his older children should be in full of all present and future claim on his…
2Cases cited1 opinion
- Morris v. UnderwoodSupreme Court of Georgia · 1856
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