Collier v. Collier
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. December 9, 1910. In his petition to vacate a deed of relinquishment of his interest under the will of his father, and an acquittance receipt to the executors of the will, the plaintiff, Sanford G. Collier, alleged as follows : He is the youngest child of his father, reared on his father’s farm near the city of Atlanta, reaching his majority with practically no education.
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Equitable petition. Before Judge Pendleton. Fulton superior court. December 9, 1910. In his petition to vacate a deed of relinquishment of his interest under the will of his father, and an acquittance receipt to the executors of the will, the plaintiff, Sanford G. Collier, alleged as follows : He is the youngest child of his father, reared on his father’s farm near the city of Atlanta, reaching his majority with practically no education. TJpon his arrival at-the age of 21 years, he moved to the neighboring city, where he became dissipated, and acquired habits and formed social relations that…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The action is by a legatee against the executors, to vacate a conveyance to the latter by the former of his interest in the testator’s estate. The policy of the law forbids that administrators, executors, or trustees, having duties to perform in reference to property for their cestuis que trust, should deal with the beneficiaries with respect thereto, except upon the footing of the. utmost candor *664and upon considerations demonstrative of the absence of any undue 'advantage. An executor can not' purchase property from himself, directly or indirectly, and…
2Cases cited9 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Bowden v. AchorSupreme Court of Georgia · 1895
- Timmerman v. StanleySupreme Court of Georgia · 1905
- Adams v. CowenSupreme Court of the United States · 1900
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Smith v. MerckSupreme Court of Georgia · 1950
- Williams v. FottchéSupreme Court of Georgia · 1924
- Taylor v. ColleySupreme Court of Georgia · 1912
- Dorsey v. GreenSupreme Court of Georgia · 1947
- Cartwright v. MintonCourt of Appeals of Texas · 1958
28 more not listed; retrieve them via the Exa API.