Hargroves v. Batty
Supreme Court of Georgia
In Equity, in Ployd Superior Court. Decision on demur-by Judge Trippe, June Term, 1855. This bill was filed by Malinda Hargroves, tbe widow and others, the children of Zachariah B. Hargroves, dec’d, (who wore also the devisees under his will,) charging that said Zach.
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In Equity, in Ployd Superior Court. Decision on demur-by Judge Trippe, June Term, 1855. This bill was filed by Malinda Hargroves, tbe widow and others, the children of Zachariah B. Hargroves, dec’d, (who wore also the devisees under his will,) charging that said Zach. B. died possessed of sundry lots of land in and about tbe town of Rome, of great value, and specifically set out in the hill; that said Hargroves was, at the time of his death, Cashier of the Western Bank of Rome; that as such cashier, he gave bond, with one Tomlinson Port as his surety. Shortly after his death, one William…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In the language of Sir John Beaeh, “ Every one who ac- ■ quires personal assets by a breach of trust or devastavit in ■the executor, is responsible to those who are entitled, under •the will, if he is a party to the breach of trust.” (Ram on Assets, 490 ; and see Williams on Ex’rs, 609. Story’s Eq. §§422, ’3, ’4, 579, 580, ’1. Gilbert vs. Thomas et al. 3 Ga. R. 581.)
Much more is this true if the executor be insolvent. And :in this case, the executor is said, by the Counsel for the plaintiff, to be insolvent. And this Court ordered that the bill…
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