Legal Opinion

Dorsey v. Simmons

Supreme Court of Georgia

Decided August 23, 1873PublishedCited by 2 opinions

Injunction. Administrators and executors. Legacy. Judgment. Nancy Dorsey filed her bill against Irby D. Simmons, and Robert S. Connell, sheriff’, making substantially the following case: She is the daughter of Polly Johnson, who was daughter of Charles Simmons, late of Oglethorpe county, who departed this life in the yeár 1847, testate, bequeathing all of his property to his wife, and at her death to be equally divided among his five children.

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Injunction. Administrators and executors. Legacy. Judgment. Nancy Dorsey filed her bill against Irby D. Simmons, and Robert S. Connell, sheriff’, making substantially the following case: She is the daughter of Polly Johnson, who was daughter of Charles Simmons, late of Oglethorpe county, who departed this life in the yeár 1847, testate, bequeathing all of his property to his wife, and at her death to be equally divided among his five children. Abram Simmons qualified as executor in December, 1847, and took possession of all the estate of said deceased. Polly Johnson, mother of complainant,…

1Opinion of the Court

Trippe, Judge.

1. It has been more than once held by this Court that a legatee, or the purchaser of a distributive share in an estate, may, in equity, set-off the same against a judgment in favor of the representative of the estate against such legatee or owner of such share, unless some special reason exists for the collection of the judgment by the executor t Moody vs. Ellerby, administrator, 36 Georgia, 666 ; Carter vs. McMichael, 20 Ibid., 96; Swift vs. Swift, 13 Ibid., 140.

2. The reason set up by the executor in this case, that in 1863 counsel fees and cost had been paid, and that he…

2Cited by2 opinions

  1. Shadburn Banking Co. v. StreetmanSupreme Court of Georgia · 1935
  2. Bellah v. CleghornSupreme Court of Georgia · 1928

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