Johnson v. Worthy
Supreme Court of Georgia
In Equity, in Pike Superior Court. Tried before Judge Starke, October Term, 1854. William Johnson, as the administrator of Allen Weir, deceased, filed a bill against Leonard Worthy, alleging that Worthy had sold certain lands to Weir and given him a bond for titles thereto; that after Weir’s death, to defraud his creditors, Worthy obtained possession of the bond and destroyed it, and soid the lands for a largely increased price to some one else; that Weir’s estate was…
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In Equity, in Pike Superior Court. Tried before Judge Starke, October Term, 1854. William Johnson, as the administrator of Allen Weir, deceased, filed a bill against Leonard Worthy, alleging that Worthy had sold certain lands to Weir and given him a bond for titles thereto; that after Weir’s death, to defraud his creditors, Worthy obtained possession of the bond and destroyed it, and soid the lands for a largely increased price to some one else; that Weir’s estate was insolvent. The prayer was for a decree for conveyance, and an account for rents, issues and profits. On the trial, complainant…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The testimony of Mrs. Weir was rejected properly, upon the ground, (if no other) that she was interested to increase the fund out of which she was entitled to a year’s support. In the first place, she was a distributee; and thus, interested. If the estate was insolvent, even though the property was not sufficient to constitute a decent and comfortable provision for herself and family; still, she and her family were entitled to a year’s maintenance, out of it. Hopkins vs. Long, (9 Ga. 262.) So that it will be seen, she was directly interested…
2Cases cited1 opinion
- Allen v. CrofootNew York Supreme Court · 1827
3Cited by4 opinions
- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Howard v. GreshamSupreme Court of Georgia · 1859
- Roberts v. FarmerCourt of Appeals of Georgia · 1972
- Farr v. McCookCourt of Appeals of Georgia · 1957