Ross v. Southwestern Railroad
Supreme Court of Georgia
Equity. Administrators and executors. Guardian and ward. Corporations. Bailroads. Sales. Jurisdiction. Stock. New trial. Before Judge Hill. Bibb Superior Court.
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Equity. Administrators and executors. Guardian and ward. Corporations. Bailroads. Sales. Jurisdiction. Stock. New trial. Before Judge Hill. Bibb Superior Court. October Term, 1873. Joseph Bond died in 1859, having, by his will, directed bis executors and executrix, Tbomas H. and William S. Moughon, and bis wife, Henrietta S., to sell the whole of bis estate, both real and personal, except such as be had given to bis wife for life, and to invest the proceeds, when collected, in reliable dividend-paying bonds and stock, issued in the state of Georgia, for the benefit of bis children, Maria L.,…
1Opinion of the Court
McCay, Judge.
■ To say that the decree taken in 1889, is a void decree, simply because no formal order ivas taken making Mrs Nelson, the mother of these plaintiffs, their guardian ad litem, notwithstanding the whole proceeding was in good faith, is to pass a very harsh and technical judgment. It must be remembered that the litigation was commenced by a bill filed in the name of the minors, by Mr. and Mrs. Nelson, as their next friends, and on this bill an injunction was granted. Before any final action was taken on this bill, the executor filed a bill for direction, etc., asking that guardians…
2Cited by11 opinions
- Barclay v. KimseySupreme Court of Georgia · 1884
- Brinsfield v. RobbinsSupreme Court of Georgia · 1936
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Johnson v. LaflinU.S. Circuit Court for the District of Eastern Missouri · 1878
- Sharp v. FindleySupreme Court of Georgia · 1877
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