Legal Opinion

Tolbert v. Burns

Supreme Court of Georgia

Decided November 21, 1888PublishedCited by 14 opinions

Wills. Devises. Construction. Before Judge Roney. Richmond superior court. April term, 1888. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

Edmund Hill died in 1880, leaving a will in which he appointed Tolbert, the plaintiff in error, his executor. Tolbert qualified, and distributed the estate, as he thought, according to the will. After this distribution, he applied to the ordinary of Richmond county for letters' of dismission. This application w;as caveated by Sarah A. Burns, mainly upon the ground that, in distributing the estate, the executor had ignored her rights under the will. The caveat was overruled by the ordinary, and the caveator appealed the case to the superior court. It was tried in’the superior…

2Cases cited2 opinions

  1. Cheney v. SelmanSupreme Court of Georgia · 1883
  2. Brantly v. MayoSupreme Court of Georgia · 1888

3Cited by14 opinions

  1. Pimel v. . BetjemannNew York Court of Appeals · 1905
  2. Crawley v. KendrickSupreme Court of Georgia · 1905
  3. Downing v. NicholsonSupreme Court of Iowa · 1902
  4. Martin v. Trustees of Mercer UniversitySupreme Court of Georgia · 1896
  5. In re the Estate of HuttonWashington Supreme Court · 1919

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