Wayne v. Hartridge
Supreme Court of Georgia
Appeal. Before Judge Davis Freeman. Chatham superior, court. October 14, 1916. This case was tried upon the record and an agreed statement of facts, which are substantially as follows: Henry C. Wayne was a cadet at the United States Military Academy at West Point for four years from 1839 to 1843. After graduation he served as a captain in the United States Army until the war between the States.
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Appeal. Before Judge Davis Freeman. Chatham superior, court. October 14, 1916. This case was tried upon the record and an agreed statement of facts, which are substantially as follows: Henry C. Wayne was a cadet at the United States Military Academy at West Point for four years from 1839 to 1843. After graduation he served as a captain in the United States Army until the war between the States. At the outbreak of the war he resigned from the United States army and served as an officer in the army of the Confederate States throughout the- war, becoming a brigadier-general. After the war…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) General Henry C. Wayne died in 1883, leaving a will which was probated in common form, and his widow, Mrs. Adelaide Hartridge" Wayne, qualified as executrix. The estate administered by her consisted only of personal property. In 1914, after the death of the executrix, W. H. Wade was appointed administrator de bonis non cum testamento annexo upon the estate of the testator, and there came-into his hands for distribution the money claimed by the two sets of caveators. The question arises, which set of claimants are entitled to the fund — the children of the…
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