McDougald v. Maddox
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Craweord, January Term, 1854. William Moughon departed this life, leaving a considerable estate, to one half of which his daughter Sarah E. was entitled under his will.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Craweord, January Term, 1854. William Moughon departed this life, leaving a considerable estate, to one half of which his daughter Sarah E. was entitled under his will. John Mitchell qualified as executor, and became guardian of the minor, and continued such guardian, without making any returns or settlement, until his death in 1841. He died testate, and Alexander McDougald qualified as his executor, and took sole possession and management of John Mitchell’s estate, amounting to $100,000 or some other large sum, and thereby…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The view we have taken of this case, supercedes the necessity of considering many of the questions which have been discussed by Counsel. And we propose to dispose of it very briefly.
And first, our conclusion is that the bill is not obnoxious to the charge of multifariousness. True, John Mitchell acted as both executor of William Moughon, deceased, and as guardian of Sarah, the infant daughter of his testator. Still, he having died, abundantly solvent as the pleadings admit, and Alexander McDougald having qualified as executor upon the…
2Cited by4 opinions
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- Remington v. HopsonSupreme Court of Georgia · 1911
- Redwine v. FrizzellSupreme Court of Georgia · 1938
- Farmer v. RogersSupreme Court of Georgia · 1891