Harper v. Whitehead
Supreme Court of Georgia
In equity. From Richmond Superior .Court. Tried before Judge Holt. At June Term, 1861. The record, in this case, is voluminous, and from it the' following statem'ent is extracted, which is deemed sufficient for a clear understanding of the questions made, and the decision of the Court thereon Mrs. Mary Ann Harper, a feme covert, owned and possessed a considerable estate in her own right, and to- her sole and separate use, with power to dispose of the same by will.
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In equity. From Richmond Superior .Court. Tried before Judge Holt. At June Term, 1861. The record, in this case, is voluminous, and from it the' following statem'ent is extracted, which is deemed sufficient for a clear understanding of the questions made, and the decision of the Court thereon Mrs. Mary Ann Harper, a feme covert, owned and possessed a considerable estate in her own right, and to- her sole and separate use, with power to dispose of the same by will. On the 29th day of June, 1854, Mrs. Harper made and published her will, disposing of her said separate estate, by giving the same…
1Opinion of the Court
By the Court. —
Lyon, J., delivering the opinion.
The motion to dismiss the bill was properly overruled :
1. Trustees of the married daughters of testatrix could not have been made parties complainants, because no such persons were in existence, nor was it necessary that there should be such persons at that time. The main objects of the bill were to compel an execution of the will, or rather an administration of the estate of testatrix under the will, to take the direction of the Court in respect to a compromise that had been proposed and agreed to by complainants for the security and protection…
2Cited by6 opinions
- Kniepkamp v. RichardsSupreme Court of Georgia · 1941
- Grizzel v. GrizzelSupreme Court of Georgia · 1939
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
- Matrix Financial Services, Inc. v. DeanCourt of Appeals of Georgia · 2007
- William Hone & Co. v. MoodySupreme Court of Georgia · 1877
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