Brewton v. Brewton
Supreme Court of Georgia
In Equity, in Bulloch Superior Court. Decision on Demurrer,, by Judge Fleming*, March Term, 1860. This was a bill in equity filed by Nathan Brewton and Benjamin Brewton, administrators with the will annexed of Nathan Brewton, deceased, against the heirs and legatees of deceased, for an account and settlement of the estate of complainant’s testator, and calling upon defendants, children of testator and his sons-in-law, to account for and bring into hotch-pot the property and…
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In Equity, in Bulloch Superior Court. Decision on Demurrer,, by Judge Fleming*, March Term, 1860. This was a bill in equity filed by Nathan Brewton and Benjamin Brewton, administrators with the will annexed of Nathan Brewton, deceased, against the heirs and legatees of deceased, for an account and settlement of the estate of complainant’s testator, and calling upon defendants, children of testator and his sons-in-law, to account for and bring into hotch-pot the property and estate, and money which had been, loaned and advanced to them by testator in his lifetime. To this bill defendants…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
This case turns really upon the proper construction of the complainants’ bill. The Judge, who sustained the demurrer to it, thought it claimed that gifts made by the testator to his children in his lifetime should be brought into hotch-pot, while counsel for the bill contend that it only asks that loans may be brought in. The bill was not wholly dismissed, (being retained for other purposes,) and if the complainants are really after loans and not gifts, it will be easy to make their bill sufficiently explicit by amendment. But as to bringing…
2Cited by5 opinions
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- Treadwell v. EverettSupreme Court of Georgia · 1938
- Robinson v. RamseySupreme Court of Georgia · 1925
- White v. DanielCourt of Appeals for the Fifth Circuit · 1919
- de Caumont v. BogertNew York Supreme Court · 1885