Beall v. Blake
Supreme Court of Georgia
In Equity, in Houston Superior Court. Tried before Judge Stark, May Term, 1851. This was a bill in Equity, filed by Samuel R. Blake and his wife, formerly Mary Adeline Beall, against the plaintiff in error.
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In Equity, in Houston Superior Court. Tried before Judge Stark, May Term, 1851. This was a bill in Equity, filed by Samuel R. Blake and his wife, formerly Mary Adeline Beall, against the plaintiff in error. The bill alleges, that Rebecca Bostwick departed this life in the year 1834, leaving an estate of the value of one hundred thousand dollars, and leaving ako a last will and testament, whereby she disposed of all of said estate; wherein, after devising several legacies, she directed that the remainder, amounting to eighty thousand dollars, be divided into four equal parts, and be delivered…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
To determine whether the exceptions to this answer were well sustained, it is necessary to inquire into the character of the bill, to ascertain to what the plaintiff in error was required to respond. The bill was filed originally to recover the entire interest of the complainants, under the will of Mrs. Bostwick. It sets forth the will — the entering upon its execution by Beall, the executor —the value of the estate which came to his hands — charges that he had refused to settle with them, but under various pretences had for many years retained…
2Cases cited4 opinions
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- Kuypers v. Ministers, Elders & Deacons of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- Davis & Brooks v. MapesNew York Court of Chancery · 1830
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