Legal Opinion

Wellborn v. Rogers

Supreme Court of Georgia

Decided January 15, 1858PublishedCited by 11 opinions

In equity, From Houston county. Tried before Judge Powers at the April Term 1857. This was a bill filed .by Sheppard Rogers and Nancy L. his wife, formerly Nancy L.'Gartrell, against Carltm Well-born, for an account and settlement of the estate of Joseph Gartrell sen., deceased, and to recover from defendant the share or legacy due and coming to Mrs. Rogers under the will of her deceased father — the said Joseph.

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In equity, From Houston county. Tried before Judge Powers at the April Term 1857. This was a bill filed .by Sheppard Rogers and Nancy L. his wife, formerly Nancy L.'Gartrell, against Carltm Well-born, for an account and settlement of the estate of Joseph Gartrell sen., deceased, and to recover from defendant the share or legacy due and coming to Mrs. Rogers under the will of her deceased father — the said Joseph. Joseph Gartrell sen. died in Wilkes county, Ga., about 25th November, 1816, possessed of a considerable estate, real and personal, and leaving the following last will and testament,…

1Opinion of the Court

McDonald J.,

By the Court. delivering the opinion.

This case comes up on errors assigned upon the rejection by the Court of Charles G. Gartrell’s depositions offered by the defendant, and on the charge of the Court as given, and ©n the Court’s refusal to charge as requested. The bill was filed originally against Carlton Wellborn as executor, in right of his wife, Rebecca Gartrell, of the last will and testament of Joseph Gartrell deceased. Charles Gartrell was made a party defendant by amendment of the bill. The testator appointed Abraham Simons his executor and his wife his executrix. Simons…

2Cited by11 opinions

  1. Holsenbeck v. ArnoldCourt of Appeals of Georgia · 1947
  2. Patterson v. PattersonSupreme Court of Georgia · 1951
  3. Soper v. FryMichigan Supreme Court · 1877
  4. Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
  5. Allmond v. JohnsonCourt of Appeals of Georgia · 1980

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