Satterfield v. Tate
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Lumpkin superior court. October 22, 1907. William B. Tate filed an equitable petition in the superior court of Lumpkin county against Barilla D. Satterfield of that county, and seventy-four other persons, some of whom resided in Lumpkin county, others elsewhere in this State, and still others beyond the limits of the State.
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Equitable petition. Before Judge Kimsey. Lumpkin superior court. October 22, 1907. William B. Tate filed an equitable petition in the superior court of Lumpkin county against Barilla D. Satterfield of that county, and seventy-four other persons, some of whom resided in Lumpkin county, others elsewhere in this State, and still others beyond the limits of the State. The substance of the petition, so far as now material, was: Stephen Griffeth, late of Pickens county, Ga., died on November 11, 1873, testate, seized and possessed of lots of land 109 and 110 in the fourth district and second…
1Opinion of the CourtFish, C. J.
1. In the view we take of this case, it is necessary to adjudicate only a few of the questions raised in the record. In our opinion the demurrer should have been sustained. The first point we will consider is whether, under the allegations of the petition, there was a valid execution of the power of sale conferred by the will on the executor. As to this question some pertinent rules of law may be stated. The intent of the testator, as the donor of a power, governs. Mackay v. Moore, Dudley, 94, 96; Berrien v. Thomas, 65 Ga. 61; City Council of Augusta v. Radcliffe, 66 Ga. 469, 474; Taylor v.…
2Cases cited15 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Doolittle v. LewisNew York Court of Chancery · 1823
- Terry v. RodahanSupreme Court of Georgia · 1888
- Fleming v. HughesSupreme Court of Georgia · 1896
- Luquire v. LeeSupreme Court of Georgia · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tate v. GoodeSupreme Court of Georgia · 1911
- Regents of the University System v. Trust Co.Supreme Court of Georgia · 1938
- Tate v. TateSupreme Court of Georgia · 1925
- Adler v. AdlerSupreme Court of Georgia · 1961
- Newton v. BullardSupreme Court of Georgia · 1935
9 more not listed; retrieve them via the Exa API.