Roff, Sims & Co. v. Johnson
Supreme Court of Georgia
Homestead. Before Judge Green. Monroe Superior Court. September Term, 1869. George W. Ward, of said county, died intestate, leaving two adult children, four minors and his widow, him surviving. Aproehien ami for these minors represented to Judge Green that they were entitled to have certain personalty and realty of their father’s estate set apart for them under the Homestead Act of 1868. The Judge at Chambers appointed as trustee their brother-in-law, William M. Johnson.
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Homestead. Before Judge Green. Monroe Superior Court. September Term, 1869. George W. Ward, of said county, died intestate, leaving two adult children, four minors and his widow, him surviving. Aproehien ami for these minors represented to Judge Green that they were entitled to have certain personalty and realty of their father’s estate set apart for them under the Homestead Act of 1868. The Judge at Chambers appointed as trustee their brother-in-law, William M. Johnson. Thereupon he presented a petition to the Ordinary, representing that said Ward died seized of three parcels of land in…
1Opinion of the CourtMcCay, J.
1. The important question in this case is whether the “family of minor children” of a deceased parent is entitled, under the Constitution and laws of this State, to the “homestead and exemption” out of the estate of the parent. That the Constitution means this there can be hardly a doubt. “A family of minor children” can have no debts of their own. They cap contract none except for necessaries. If they have property, the law allows only the income of it to be expended, and it seems absurd to suppose it was the intention of the Convention to provide that the “homestead” of a' “family of minor…
2Cited by6 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- Miller v. CrozierSupreme Court of Georgia · 1898
- Cook v. CookSupreme Court of Georgia · 1912
- Donaldson v. AndersonSupreme Court of Georgia · 1898
- Lee v. HaleSupreme Court of Georgia · 1886
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