Redd v. Clopton
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Tried before Judge Worrill, December Term, 1854. Martin J. Kendrick died, leaving his cousins as next of kin. On a bill for direction filed by the administrator, the Court charged the Jury, that cousins on the paternal side took in preference to and the exclusion of cousins on the maternal side. This is the only error assigned.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The only question made before this Court is, whether, in the distribution of the estate of an intestate, who dies leaving neither wife nor child, father nor mother, brother nor sister, *231nor the representatives thereof, the cousins of the paternal, shall inherit to the exclusion of those of the maternal line ?
And the answer must depend upon the construction of the Act of 1804, and the Statutes amendatory thereto.
By the Act of 1804, it is provided, that “ when any person, holding real or personal estate, shall depart this life intestate, the…
2Cited by4 opinions
- Ector v. GrantSupreme Court of Georgia · 1901
- Williams v. Trust Co.Supreme Court of Georgia · 1938
- Waters v. RobertsCourt of Appeals of Georgia · 1967
- Voitier v. LangSupreme Court of Georgia · 1934