Legal Opinion

Thompson v. Sandford

Supreme Court of Georgia

Decided February 15, 1853No. 30PublishedCited by 5 opinions

In Equity, in Monroe Superior Court. Decision on demurrer, by Judge Starke. August Term, 1852. James Thompson and Martha J. Thompson, formerly Martha J. Hunter, intermarried. John T. Dunn died intestate, without issue, and leaving neither brother, sister, or wife, surviving him, and at the time of his death possessed of a large estate. Martha J. Thompson and her half-brother by the maternal side, David S. Walker, were the children of the only sister of Dunn.

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In Equity, in Monroe Superior Court. Decision on demurrer, by Judge Starke. August Term, 1852. James Thompson and Martha J. Thompson, formerly Martha J. Hunter, intermarried. John T. Dunn died intestate, without issue, and leaving neither brother, sister, or wife, surviving him, and at the time of his death possessed of a large estate. Martha J. Thompson and her half-brother by the maternal side, David S. Walker, were the children of the only sister of Dunn. John H. Thomas administered on the estate of Dunn, and within loss than twelve months, Walker died without issue, and without having…

1Opinion of the Court

By the Court. —

Nisbet, J.

delivering the opinion.

[1.] The question in this causéis, whether the complainants ' in the bill inherit from Dunn, as heirs at law, or from Walker, as his heirs at law. It is contended by the plaintiffs in error, who are the complainants in the bill, that as Walker never was seized of the distributive share in his uncle’s estate, it cannot .descend from him to Mrs. Thompson, his sister, but that it must descend to her as the heir of their uncle, who was last seized. It would make no difference whether she inherited it from the one or the other, if Walker had not died…

2Cases cited1 opinion

  1. Hillhouse v. ChesterU.S. Circuit Court for the District of Connecticut · 1808

3Cited by5 opinions

  1. Oliver v. PowellSupreme Court of Georgia · 1902
  2. Guess v. MorganSupreme Court of Georgia · 1943
  3. Anderson v. BurneySupreme Court of Georgia · 1917
  4. Guess v. MorganSupreme Court of Georgia · 1943
  5. Tate v. TateSupreme Court of Georgia · 1925

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