Anglin v. Hooper
Supreme Court of Georgia
Complaint for land. Before Judge Blair. Forsyth superior court. November 3, 1921. The premises in dispute constituted a portion of the landed estate of A. S. Anglin, who died testate.
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Complaint for land. Before Judge Blair. Forsyth superior court. November 3, 1921. The premises in dispute constituted a portion of the landed estate of A. S. Anglin, who died testate. By his will, which consisted of a single item, he gave all his real and personal property to his wife; during her life or widowhood, and at her death to be sold; and after paying the expenses of taking care of his wife and of keeping the farm in repair, the balance, if any, was to be equally divided between his children. The testator did not appoint any executor of his will. II. S. Brook was appointed…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.) The plaintiffs originally sued as heirs at law of J. A. Anglin, to recover the premises in dispute. As J. A. Anglin died testate, and by his will disposed of the land in controversy, no title vested in the plaintiffs as his heirs at law; and for this reason they could not maintain, in their capacity of heirs at law, this action to recover this property. Avery v. Sims, 69 Ga. 314; Phillips v. Rentz, 106 Ga. 249 (32 S. E. 107).
By an amendment to their petition the plaintiffs alleged that they were heirs at law and legatees under the will of said Anglin; and…
2Cases cited3 opinions
- Avery v. SimsSupreme Court of Georgia · 1882
- Phillips v. Rentz Bros. & RobertsSupreme Court of Georgia · 1898
- Neisler v. MooreSupreme Court of Georgia · 1877
3Cited by5 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Benton v. TurkSupreme Court of Georgia · 1939
- Hicks v. HicksSupreme Court of Georgia · 1942
- Gormley v. CleavelandSupreme Court of Georgia · 1939
- Tripp v. HutchingsSupreme Court of Georgia · 1958