Cook v. Weaver
Supreme Court of Georgia
Administrators and Executors. Jurisdiction. Ordinary. Infancy. Constitutional Law. Before Judge Simmons. Coweta Superior Court.
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Administrators and Executors. Jurisdiction. Ordinary. Infancy. Constitutional Law. Before Judge Simmons. Coweta Superior Court. September Term, 1885. Mary E. Cook et al. filed in the court of ordinary of Coweta county their petition for a settlement with A. B. Hearn, of Campbell county, as executor of Samuel Hearn, alleging, in brief, as follows: The testator, who was their great-grandfather, died in 1850. By his will, he left the bulk of his estate to his wife for life with remainder over to several remaindermen, and at the death of the life tenant, the executor was to distribute the estate.…
1Opinion of the Court
Jackson, Chief Justice.
1. The only point necessary for our consideration in this citation of defendant in error to appear before the ordinary to settle with the plaintiffs in error as legatees under their great-grandfather’s will, turns on the question, whether, having obtained his discharge as executor of the will in 1875, and being resident now of a different county than that wherein he is now cited to appear before the ordinary, that court of ordinary has j urisdiction to call him to account in respect to this will, under sections 2598 et seq. of the Code.
*12By the statute itself, section…
2Cases cited3 opinions
- Howard v. BarrettSupreme Court of Georgia · 1874
- Greer v. BurnamSupreme Court of Georgia · 1882
- Davis v. HarperSupreme Court of Georgia · 1875
3Cited by12 opinions
- McDowell v. McDowellSupreme Court of Georgia · 1942
- Brooks v. BrooksSupreme Court of Georgia · 1937
- Ballard v. ZachryCourt of Appeals of Georgia · 1936
- Lyons v. ArmstrongSupreme Court of Georgia · 1914
- Trust Co. v. SmithCourt of Appeals of Georgia · 1936
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