Legal Opinion

Abercrombie v. Butts

Supreme Court of Georgia

Decided November 6, 1883PublishedCited by 5 opinions

Statute of Limitations. Written Instruments. Before B. A. Denmark, Esq., Judge pro hao vioe. Upson Superior Court. January.Term, 1883. Francis J. Abercrombie et al.} the children and grandchildren of Nancy H. Trice (formerly Nancy H. Gibson) and of James Trice, brought their bill against John A. Butts, administrator of James Trice, deceased, for an accounting for certain property left by the will of James Gibson, who died in 1853, to his daughter, Nancy Trice, for life, with…

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Statute of Limitations. Written Instruments. Before B. A. Denmark, Esq., Judge pro hao vioe. Upson Superior Court. January.Term, 1883. Francis J. Abercrombie et al.} the children and grandchildren of Nancy H. Trice (formerly Nancy H. Gibson) and of James Trice, brought their bill against John A. Butts, administrator of James Trice, deceased, for an accounting for certain property left by the will of James Gibson, who died in 1853, to his daughter, Nancy Trice, for life, with remainder to her children. James Trice was the executor of Gibson and had in his hands the funds passing under this…

1Opinion of the Court

Blandford, Justice.

The defendants demurred to the bill filed by plaintiffs in error, among other grounds, because the plaintiffs’ claims upon the estate of James Trice, deceased, were barred by the statute of limitations. The court sustained the demurrer on this ground, and dismissed plaintiffs’ bill, and this ruling is excepted to and error assigned thereon, and this writ of error is brought to review and reverse the decree dismissing said bill.

To take the case from under the operation of the statute, the plaintiffs rely upon a paper in the handwriting of the. intestate, Trice, which was…

2Cases cited2 opinions

  1. Allen v. CollierSupreme Court of Missouri · 1879
  2. Wheeler v. ReddingSupreme Court of Georgia · 1875

3Cited by5 opinions

  1. Middlebrooks v. CabanissSupreme Court of Georgia · 1942
  2. Carnes v. Bank of JonesboroCourt of Appeals of Georgia · 1938
  3. National City Bank v. First National BankSupreme Court of Georgia · 1942
  4. Mitchell v. GrahamCourt of Appeals of Georgia · 1921
  5. Hudson v. SadtlerCourt of Appeals of Georgia · 1959

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