Deupree v. Deupree
Supreme Court of Georgia
Relationship to disqualify Judge. Renunciation by executor. Before the Supreme Court of Georgia. January Term, 1872. When this case was called in the Supreme Court, counsel for plaintiffs in error objected to Justice McCay’s refusing to preside, on the ground that Thomas B. Moss, executor, one of the plaintiffs in error, had married the sister of his wife, and tendered to the Court the renunciation of said Moss of the trust conferred upon him by his appointment as executor,…
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Relationship to disqualify Judge. Renunciation by executor. Before the Supreme Court of Georgia. January Term, 1872. When this case was called in the Supreme Court, counsel for plaintiffs in error objected to Justice McCay’s refusing to preside, on the ground that Thomas B. Moss, executor, one of the plaintiffs in error, had married the sister of his wife, and tendered to the Court the renunciation of said Moss of the trust conferred upon him by his appointment as executor, duly certified to by the Ordinary of Oglethorpe county. The Court, after taking the matter under consideration, rendered…
1Opinion of the Court
Warner, Chief Justice.
When it appeared that Moss, one of the executors of Deupree, married the sister of the wife of Judge McCay: Held, that the Judge was not related to Moss by affinity, so as to prevent him from presiding in the case, under the provisions of the 193d section of the Code. Held, also, that Moss having renounced as executor of the will, to the Ordinary, in writing, which renunciation had been entered on his records, before qualification as executor, and during the pendency of a caveat against the probate of the will, that such renunciation was binding on the executor, and that…
2Cited by7 opinions
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- Blalock v. WaldrupSupreme Court of Georgia · 1889
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- Patterson v. CollierSupreme Court of Georgia · 1885
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