Legal Opinion

Leverett v. Dismukes

Supreme Court of Georgia

Decided July 15, 1851No. 12PublishedCited by 7 opinions

Application for letters of administration. Appeal to Stewart Superior Court. Decision by Judge Iverson, April Term, 1851. This was a controversy as to the right to administration upon the estate of William Leverett, deceased. Win. H. D. Dismukes, one of the applicants, married the sister of deceased. Mas-tin Leverett, the other applicant, was the uncle of deceased. Decedent left neither wife or child.

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Application for letters of administration. Appeal to Stewart Superior Court. Decision by Judge Iverson, April Term, 1851. This was a controversy as to the right to administration upon the estate of William Leverett, deceased. Win. H. D. Dismukes, one of the applicants, married the sister of deceased. Mas-tin Leverett, the other applicant, was the uncle of deceased. Decedent left neither wife or child. The Court of Ordinary granted the letters to Leverett — Dismukes appealed — the Superior Court reversed the decision of the Ordinary, and this decision is assigned'as error.

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

The controversy in this case is, who is entitled to letters of administration on the estate of Wm. Leverett, deceased? Wm. H. D. Dismukes claims, as the husband of the sister and only distributee of the deceased. Mastin W. Leverett applies, as the nearest of kin and only blood relative, who is capable of administering.

[1.] "There being in this case neither widow nor child, or children, or the representatives^ children, nor father, nor mother, it is clear that'the sister, Mrs. Dismukes, is entitled to the whole estate of the deceased, real and…

2Cited by7 opinions

  1. In Re Estate of HenryCourt of Appeals of Arizona · 1967
  2. In re Berner's EstateMichigan Supreme Court · 1922
  3. Johnson v. JohnsonSupreme Court of Rhode Island · 1885
  4. Bruce v. FogartyCourt of Appeals of Georgia · 1936
  5. Roe v. PittsCourt of Appeals of Georgia · 1950

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