Tison v. Tison
Supreme Court of Georgia
In Equity, in Dooly Superior Court. Decided by Judge Powers. April Term, 1852. The complainants in this case filed their bill, setting forth the following facts: That they were the grand-children of Moses Tison, who died intestaterin 1844, their father having died previously; that Abner Tison, son of Moses Tison, was his administrator; that Moses Tison, in his life time, had made advancements to certain of his heirs, which were specified in the bill.
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In Equity, in Dooly Superior Court. Decided by Judge Powers. April Term, 1852. The complainants in this case filed their bill, setting forth the following facts: That they were the grand-children of Moses Tison, who died intestaterin 1844, their father having died previously; that Abner Tison, son of Moses Tison, was his administrator; that Moses Tison, in his life time, had made advancements to certain of his heirs, which were specified in the bill. These heirs were made parties defendants, and the bill prayed that they might be required to bring these advancements into hotchpot, and that…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The Statute of Limitations was not relied upon, but waived before this Court. None of the grounds of demurrer can, in our judgment, be sustained.
[1.] The action is well brought in the name of the grandchildren of the intestate. Their father died before the intestate, and for that reason, it is not necessary that the suit be brought by his representatives. Upon the death of complainant’s grandfather, their father being dead, the law cast the right to their father’s portion of his estate, immediately upon them, and they having the right to a…
2Cited by2 opinions
- Dye v. GhannSupreme Court of Georgia · 1961
- Deen v. McCorkleSupreme Court of Georgia · 1960