Hart v. Brown
Supreme Court of Georgia
Equitable petition. Before Judge Gilbert. Taylor superior court. February 16, 1915. J. T. Hart, as administrator de bonis non with the will annexed of F. Mathews, deceased, filed his petition against L. B. Brown, alleging in substance as follows: A certain house on land belonging to the estate of the testator is being torn down and removed by the defendant without legal right or authority.
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Equitable petition. Before Judge Gilbert. Taylor superior court. February 16, 1915. J. T. Hart, as administrator de bonis non with the will annexed of F. Mathews, deceased, filed his petition against L. B. Brown, alleging in substance as follows: A certain house on land belonging to the estate of the testator is being torn down and removed by the defendant without legal right or authority. The defendant is insolvent and unable to answer to a judgment which might be obtained against him for damages. The removing of the house is also liable to cause a number of suits. The plaintiff is anxious…
1Opinion of the Court
Lumpkin, J.’
(After stating the foregoing facts.) The Civil Code (1910), § 3902, declares as follows: “Legacies may be either general or specific. A specific legacy is one which operates on property particularly designated. A gift of money to be paid from a specified fund is nevertheless a general legacy.” A pecuniary *144legacy, with the addition of a demonstrative statement or direction as to the fund from which it is to be paid, will ordinarily be construed to be a general, rather than a specific, legacy; the legacy being considered to be of the sum named, and the demonstrative clause as…
2Cases cited7 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Smith's AppealSupreme Court of Pennsylvania · 1883
- Thompson v. StephensSupreme Court of Georgia · 1912
- Tennille v. PhelpsSupreme Court of Georgia · 1873
- Ezell v. HeadSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Hastings College v. ReesNebraska Supreme Court · 1947
- Thomas v. KingSupreme Court of Georgia · 1936
- Greene v. FosterSupreme Court of Georgia · 1934
- Smith v. Estate of PetersAlaska Supreme Court · 1987