Moore v. Gleaton
Supreme Court of Georgia
In Equity, from Terrell county. Decision on demurrer by Judge Kiddoo, at chambers, 8th April, 1857. This bill was filed by Joseph T. S. Gleaton., against Andrew B. Moore. The bill states that in the year 1853, Mary A. Williams departed this life intestate, leaving an estate worth about eight thousand dollars and six children as her distributees and heirs at law.
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In Equity, from Terrell county. Decision on demurrer by Judge Kiddoo, at chambers, 8th April, 1857. This bill was filed by Joseph T. S. Gleaton., against Andrew B. Moore. The bill states that in the year 1853, Mary A. Williams departed this life intestate, leaving an estate worth about eight thousand dollars and six children as her distributees and heirs at law. That by an arrangement and agreement among all the parties interested, no administration was taken out upon said estate, but it was agreed in writing, that Andrew B. Moore, the husband of one of the daughters, should take charge and…
1Opinion of the Court
By the Court —
Lumpkin J.
delivering the opinion.
Is there equity in this bill ?
The heirs of the complainant’s father-in-law, six in number, get together and agree to distribute the estate without incurring the expense of an administration. Gleaton is entitled to one share in right of his wife, and he purchased the share of Palmer, who married another distributee. A part of these shares is paid him ; and he files this bill to receive the residue.
It is objected that the rest of the heirs should be made parties. Why so ? any more than in a suit against an administrator ? It is said that Palmer’s…
2Cited by5 opinions
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- Hemphill v. HemphillCourt of Appeals of Georgia · 1940
- Jastram v. McAuslanSupreme Court of Rhode Island · 1909