Wilkerson v. Wootten
Supreme Court of Georgia
Complaint, in Lee Superior Court, and Nonsuit, by Judge Allen, March Term, 1859. This was an action on the following contract brought against Wootten, administrator de bonis non, with the will annexed, of Enoch Johns, deceased.
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Complaint, in Lee Superior Court, and Nonsuit, by Judge Allen, March Term, 1859. This was an action on the following contract brought against Wootten, administrator de bonis non, with the will annexed, of Enoch Johns, deceased. To — wit : “ I agree and hereby contract to employ James W. Wilkerson to oversee on the plantation of Enoch Johns, deceased, for the year 1857, and in consideration of his services as such, I promise to pay said Wilkerson, at the expiration of the year, two hundred and fifty dollars in money, and the amount of cotton that ten acres of good land will bring. (Signed)…
1Opinion of the Court
*570 By the Court.
Benning, J.,
delivering the opinion.
Was the Court right in granting the nonsuit?
The ground on which the Court went, was, that “ one executor, where there are several, cannot make a contract binding upon testator’s estate.” Is this ground true in law. We think not. It is laid down by Williams, in his treatise on, executors, that co-executors “ have all a joint and entire authority over the whole property and that “the acts o'f any one of them are deemed to be the acts of all.” (2 Williams’ Ex’rs, 683.) In these propositions he is well supported by authority; and we think that the…
2Cases cited1 opinion
- Hall v. CarterSupreme Court of Georgia · 1850
3Cited by5 opinions
- Collins v. CollinsSupreme Court of Georgia · 1923
- Hosch Lumber Co. v. WeeksSupreme Court of Georgia · 1905
- Watkins v. DonalsonSupreme Court of Georgia · 1962
- Irwin v. LarsonCourt of Appeals for the Fifth Circuit · 1938
- Estate of Barrett, Superior Court of California, County of San Francisco1899