Mitchell v. Word
Supreme Court of Georgia
Equity. Injunction. Power. "Waiver. Before Judge Underwood. Eloyd Oounty. At Chambers. The children of Mitchell filed their bill against his widow' and administrator, making, in brief, this case: Mitchell died in October, 1876, domiciled in the state of Florida, leaving real estate there worth $8,000.00, and personal property and notes to the amount of $4,000.00 and real estate in Eloyd county, Ga., worth $14,000.00 personalty to amount of $320.00 and debts of doubtful…
Read the full summary
Equity. Injunction. Power. "Waiver. Before Judge Underwood. Eloyd Oounty. At Chambers. The children of Mitchell filed their bill against his widow' and administrator, making, in brief, this case: Mitchell died in October, 1876, domiciled in the state of Florida, leaving real estate there worth $8,000.00, and personal property and notes to the amount of $4,000.00 and real estate in Eloyd county, Ga., worth $14,000.00 personalty to amount of $320.00 and debts of doubtful solvency from $4,000.00 to $5,000.00. The estate owed no debt in Florida, but about $4,000.00 had been presented in Georgia.…
1Opinion of the Court
Bleckley, Judge.
1. Lands in this state are subject to dower, whether the owner was a citizen or not, at the time of his death. 2 Scribner on Dower, 21; Code, §1763.
2. The subject of waiving or barring dower is dealt with in the Code, section 1761. We can see no trace of waiver or bar in the acceptance and retention of a gift of personalty, made by the husband to the wife, in contemplation of death, and declared in writing to be for her individual use and benefit, as part provision for her, and as part of her interest in his estate, nothing being said or written in relation to dower, or to…
2Cases cited1 opinion
- Tooke v. HardemanSupreme Court of Georgia · 1849
3Cited by5 opinions
- Hartwell v. DeVaultIllinois Supreme Court · 1896
- Fuller v. FullerSupreme Court of Georgia · 1961
- Kyle & Co. v. MontgomerySupreme Court of Georgia · 1884
- Kerr v. McAnallySupreme Court of Georgia · 1936
- Sears v. OdellSupreme Court of Georgia · 1880