Butler v. Ralston
Supreme Court of Georgia
Equity. Wills. Estates. Before Judge Simmons. Bibb County. At Chambers, July 17, 1882. Mary Franklin Butler, by next friend, filed her bill against James A. Ralston and his wife, Ida Ralston, J. M. Johnson and John C. Butler, administrator de bonis non of Marcus A. Franklin, alleging in brief, as follows: Marcus A. Franklin died .testate in April, 1858, leaving a large estate of both real and personal property; also a wife and three children, one of age and two minors.
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Equity. Wills. Estates. Before Judge Simmons. Bibb County. At Chambers, July 17, 1882. Mary Franklin Butler, by next friend, filed her bill against James A. Ralston and his wife, Ida Ralston, J. M. Johnson and John C. Butler, administrator de bonis non of Marcus A. Franklin, alleging in brief, as follows: Marcus A. Franklin died .testate in April, 1858, leaving a large estate of both real and personal property; also a wife and three children, one of age and two minors. By the will, the wife was named as executrix, and in the event of her death the eldest daughter was named as executrix. The…
1Opinion of the Court
Jackson, Chief Justice.
This bill was dismissed on the ground that the complainant has( no interest in the will of her grandfather. The sole question decided by the chancellor, sustaining the demurrer and dismissing the bill, is, has she an interest under that will ?
The bill inquires into the validity of defendant’s title, and, of course, if the complainant has no interest in the *488will, on which all her rights depend, there is no equity in her complaint, and the consideration of the legality of defendant’s title, through a sale by the administratrix de bonis non under that will, becomes wholly…
2Cited by7 opinions
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- Davis v. HollingsworthSupreme Court of Georgia · 1901
- Plant v. PlantSupreme Court of Georgia · 1905
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