Swift v. Swift
Supreme Court of Georgia
In Equity, in Crawford Superior Court. Tried before Judge Powers. September Term, 1852. In January, 1847, Asa Swift, a citizen of the State of Massachusetts, departed this life, leaving a last will and testament^’in which last Avill he appointed, anipng others, his son George P. Swift, executor, and who alono was qualified.
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In Equity, in Crawford Superior Court. Tried before Judge Powers. September Term, 1852. In January, 1847, Asa Swift, a citizen of the State of Massachusetts, departed this life, leaving a last will and testament^’in which last Avill he appointed, anipng others, his son George P. Swift, executor, and who alono was qualified. The will was admitted to probate, in the State of Massachusetts, and George P. Swift proceeded to collect and administer the estate of the said Asa Swift. Among the debts due the testator, was an open account against his' son, Alexander M. K. Swift. At the request of the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We do not find it necessary to discuss in this case, *143some of the most interesting and delicate questions in the books, growing out of a conflict of law as to the construction of wills, the payment of debts, and the distribution of property, real and personal, where the ancestor' dies in one State and holds property in another. Hire there is a testacy, and the complainant predicates his bill ’upon' the will of his father, made in Massachusetts; and seeks his rights under and by virtue of that will, and not against or contrary to it.
The bill…
2Cases cited1 opinion
- Hoffman v. LivingstonNew York Court of Chancery · 1814
3Cited by8 opinions
- Moody v. Cleveland Woolen MillsSupreme Court of Georgia · 1910
- Bibb v. ShackelfordSupreme Court of Alabama · 1863
- Loyless v. HowellSupreme Court of Georgia · 1854
- Russell v. HubbardSupreme Court of Georgia · 1886
- Tanner v. StateCourt of Appeals of Georgia · 1917
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