Anderson v. Foster
Supreme Court of Georgia
Complaint. Before B. E. Thrasher, judge pro hac vice. Morgan superior court. September term, 1897. This was an action by Anderson, administrator of A. W. Foster, against F. C. Foster, executor of A. G. Foster, and against E. W. Butler, executor of Joshua Hill.
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Complaint. Before B. E. Thrasher, judge pro hac vice. Morgan superior court. September term, 1897. This was an action by Anderson, administrator of A. W. Foster, against F. C. Foster, executor of A. G. Foster, and against E. W. Butler, executor of Joshua Hill. The petition alleged: A. G. Foster died testate in 1880, and his will was probated in the court of ordinary of the county at the August term, 1880, and F. C. Foster was nominated as one of the executors of the will, and qualified as sole executor August 2, 1880, and has never been discharged as su'ch executor. Joshua Hill died testate…
1Opinion of the CourtFish, J.
This case, as the record shows, was treated in the trial below, by all the parties thereto and the judge, as an action against F. O. Foster and E. W. Butler as the executors respectively of the wills of A. G. Foster and Joshua Hill, deceased. It was argued before this court by both sides upon this theory. Whatever, therefore, may have been the true legal character of the petition, this court, under the circumstances, will consider it as against the defendants in their representative capacities. In Laverty v. Woodward, 16 Iowa, 1, it was held that where the descriptive words “ executor of ”…
2Cases cited3 opinions
- Laverty v. WoodwardSupreme Court of Iowa · 1864
- Fritz v. McGillSupreme Court of Minnesota · 1884
- Aultman & Co. v. MasonSupreme Court of Georgia · 1889
3Cited by11 opinions
- Anderson v. FosterSupreme Court of Georgia · 1900
- Evans v. DickeyCourt of Appeals of Georgia · 1934
- Wadley v. OertelSupreme Court of Georgia · 1913
- Callaway v. LivingstonCourt of Appeals of Georgia · 1922
- Carr v. TateSupreme Court of Georgia · 1899
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