Beavors v. Winn
Supreme Court of Georgia
In Equity, in Hall Superior Court. Decided by Judge Jackson, on demurrer, September Term, 1850. The complainant, in his bill, alleged the following facts: On the 6th day of May, 1847, Richard Winn departed this life intestate, leaving a widow, Lucinda Winn, and sundry children. William and Willis Winn became administrators of his estate. On the 23d of December, 1847, his widow, Lucinda Winn., died, having made a will, of which complainant was executor.
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In Equity, in Hall Superior Court. Decided by Judge Jackson, on demurrer, September Term, 1850. The complainant, in his bill, alleged the following facts: On the 6th day of May, 1847, Richard Winn departed this life intestate, leaving a widow, Lucinda Winn, and sundry children. William and Willis Winn became administrators of his estate. On the 23d of December, 1847, his widow, Lucinda Winn., died, having made a will, of which complainant was executor. She had, previous to her death, made no election between her dower and a child’s part ofher husbands estate. Richard Winn, in his life, had…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Under the English Statute of Distribution, the widow is not entitled to share in advancements made to children. Ward vs. Lant, Prec. Chanc. 182, 184. Kircuabright vs. Kircuabright, 8 Vesey, 51, 64. Gibbons vs. Gaunt, 4 Vesey, 847. 2 Black. Com. 519, note by Chitty. 2 Williams’ Ex’rs, 1070. Whilst this is conceded to be the rule in England, yet it is insisted that it is different under our own Statute of Distribution. The argument is, that in England, she has a distinct provision out of the estate, separate' from, and anterior to the children,…
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- Hanvy v. MooreSupreme Court of Georgia · 1913
- Truett v. FunderburkSupreme Court of Georgia · 1894
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