Swann v. Garrett
Supreme Court of Georgia
Wills. Legacies. Election. Equity. Infants. Before Judge Hammond. Fulton Superior Court. October Term, 1882. Emma J. Swann, William W. Austell, individually and as executor of Alfred Austell,, deceased, and Leila 0. Austell filed their bill against James Swann and W. J. Garrett, as executors of Alfred Austell, and against Alfred Austell, Jr., and Swann, as his guardian, alleging, in brief as follows: In 1878, Alfred Austell made his last will.
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Wills. Legacies. Election. Equity. Infants. Before Judge Hammond. Fulton Superior Court. October Term, 1882. Emma J. Swann, William W. Austell, individually and as executor of Alfred Austell,, deceased, and Leila 0. Austell filed their bill against James Swann and W. J. Garrett, as executors of Alfred Austell, and against Alfred Austell, Jr., and Swann, as his guardian, alleging, in brief as follows: In 1878, Alfred Austell made his last will. He died in December, 1881, owing no debts. William W. Austell and his brother-in-law, James Swann, and W. J. Garrett were appointed executors,…
1DissentJackson, Chief Justice
The will of the testator is the law of the distribution of his property. What he wishes to be done with it, must be done, unless it contravenes the policy or law of the commonwealth. No court, either of law or equity, can rightfully annul or alter this law of the testator’s will or wish touching his property, any more than such court can right *572fully annul or alter any other law of the state enacted by the general assembly; because the right to dispose of the testator’s property to suit himself rests on a statutory enactment of that general assembly, just as binding as any other enactment it…
2Cases cited6 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Ex parte JewettSupreme Court of Alabama · 1849
- Adams v. BassSupreme Court of Georgia · 1855
- Milledge v. BryanSupreme Court of Georgia · 1873
- Neal v. HaygoodSupreme Court of Georgia · 1846
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