Harvey v. Miller
Supreme Court of Georgia
Equitable petition. Before Judge Harris. Campbell superior court. February term, 1894. W. J. Ware left a will dated February 4, 1883, the material parts of which are as follows: “I give and bequeath and devise to Hester Ann Miller and her children, to wit, Richard Miller, Sissie Miller, John Miller, Joseph Miller, Robert Miller and William Miller, all my estate real and personal, to be equally divided between them share and share alike.
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Equitable petition. Before Judge Harris. Campbell superior court. February term, 1894. W. J. Ware left a will dated February 4, 1883, the material parts of which are as follows: “I give and bequeath and devise to Hester Ann Miller and her children, to wit, Richard Miller, Sissie Miller, John Miller, Joseph Miller, Robert Miller and William Miller, all my estate real and personal, to be equally divided between them share and share alike. I do not desire that the property shall be sold, but kept together until the youngest child shall become of age. It is my wish that the family shall live…
1Opinion of the Court
Atkinson, Justice.
According to the record in this case, it became impracticable to carry literally into execution the will of the testator. His estate being involved, a considerable pjortion of his property had -first to be appropriated to *769the extinguishment of his debts, leaving only the lauds described in the petition. The respondent applied for letters of guardianship for the minor children of the testator, and as such for a number of years has had the use of the land. In its operations it appears that he has incurred indebtedness of some kind for and on account of the estate committed to…
2Cases cited2 opinions
- Rutherford v. JonesSupreme Court of Georgia · 1854
- Wikle v. WoolleySupreme Court of Georgia · 1888
3Cited by2 opinions
- Cross v. StateCourt of Appeals of Georgia · 1975
- Beavers v. HarveySupreme Court of Georgia · 1897