Swann v. Garrett
Supreme Court of Georgia
Wills. Legacies. Election. Equity. Infants. Before Judge Hammond. Fulton Superior Court. October Term, 1882. Emma J. Swann, William W. Austell, individually and as executor of Alfred Austell,, deceased, and Leila 0. Austell filed their bill against James Swann and W. J. Garrett, as executors of Alfred Austell, and against Alfred Austell, Jr., and Swann, as his guardian, alleging, in brief as follows: In 1878, Alfred Austell made his last will.
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Wills. Legacies. Election. Equity. Infants. Before Judge Hammond. Fulton Superior Court. October Term, 1882. Emma J. Swann, William W. Austell, individually and as executor of Alfred Austell,, deceased, and Leila 0. Austell filed their bill against James Swann and W. J. Garrett, as executors of Alfred Austell, and against Alfred Austell, Jr., and Swann, as his guardian, alleging, in brief as follows: In 1878, Alfred Austell made his last will. He died in December, 1881, owing no debts. William W. Austell and his brother-in-law, James Swann, and W. J. Garrett were appointed executors,…
1Opinion of the Court
Blandeord, Justice.
Alfred Austell died, leaving his last will and testament, ' By the ninth item or clause of said will, said testator directed that all the residue of his estate not before disposed of should be sold and converted into money by his executors, at such time and place and under such circumstances as they might deem best, and the proceeds be equally divided between his children, share and share alike. Testator left four children at his death, surviving him, three of whom, the plaintiffs in error, aré of full age, and one, Alfred Austell, Jr., who is a minor, and who is defendant…
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- Chambers v. PrestonTennessee Supreme Court · 1916
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