Venable v. Mitchell
Supreme Court of Georgia
Appeal from Ordinary, in Jackson Superior Court. Decision by Judge Hutchins, at August Term, 1859, This was an application by the plaintiff in error, for letters of administration on that portion of the estate of William D. Martin, deceased, contained in the sixth clause of the last will and testament of deceased, and which clause had been held and declared void under the statutes of the State prohibiting the emancipation of slaves, &c.
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Appeal from Ordinary, in Jackson Superior Court. Decision by Judge Hutchins, at August Term, 1859, This was an application by the plaintiff in error, for letters of administration on that portion of the estate of William D. Martin, deceased, contained in the sixth clause of the last will and testament of deceased, and which clause had been held and declared void under the statutes of the State prohibiting the emancipation of slaves, &c. The Court of Ordinary ordered the letters to issue, holding that the deceased died intestate as to the property mentioned in said sixth clause, and that the…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
This was an application for letters of administration de bonis non, founded upon the idea that the executor could not administer intestate estate. We think this idea is a mistake, for by our statute of 1828, (See Cobb’s Digest,p. 327,)'exe-eutors are directed to hold the "residuum or undevised real or personal estate as trustees for the distributees or next of kin of their deceased testator or testatrix.” It is unnecessary to consider whether or not there is any intestacy in this'case, for under this statute the executor is the proper…
2Cited by1 opinion
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