Benjamin v. Gill
Supreme Court of Georgia
Estoppel. Landlord and Tenant. Ademption of Legacies. Before Judge Johnson. Marion Superior Court. October Term, 1871. Gill, as administrator, de bonis non oum testamento annexo, of James Perryman, brought ejectment against Mrs. Perry-man and E. H. Worrill, as administrators of A. G. Perry-man, son of James Perryman. Plaintiff showed that James Perryman had title to the premises in his lifetime, and that he died in 1864, testate. His will was introduced.
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Estoppel. Landlord and Tenant. Ademption of Legacies. Before Judge Johnson. Marion Superior Court. October Term, 1871. Gill, as administrator, de bonis non oum testamento annexo, of James Perryman, brought ejectment against Mrs. Perry-man and E. H. Worrill, as administrators of A. G. Perry-man, son of James Perryman. Plaintiff showed that James Perryman had title to the premises in his lifetime, and that he died in 1864, testate. His will was introduced. It was made in 1854. By it the premises in dispute were devised to his said son and Mrs. Jones, and said son and Jones were nominated as his…
1Opinion of the Court
McCay, Judge.
1. It seems very plain from the evidence in this case, that the executor of old Mr. Perryman got possession of this land by virtue of his office as executor. His possession was the possession of the estate, and the administrator da bonis non cannot be met in an action of ejectment by a claim of title in the executor adverse to the estate. This is a familiar principle, and is fully sustained by the authorities.
2. It is also clear, from principle as well as authority, that a trustee who has accepted the trust, cannot set up title adversely to his cestui que trust. It would be…
2Cited by9 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Parnelle v. CavanaughSupreme Court of Georgia · 1941
- Saunders v. RichardSupreme Court of Florida · 1895
- Davis v. BowmarMississippi Supreme Court · 1878
- Bussey v. BusseySupreme Court of Georgia · 1924
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