Culbreath v. Culbreath
Supreme Court of Georgia
Assumpsit, in Harris Superior Court. Decided by Judge Alexander, March Term, 1849. Obadiah M. Culbreath died intestate, leaving neither wife nor children. Plis nearest of kin were seven surviving brothers and sisters, and tjjp children of a deceased sister. "William Culbreath, the administrator, under a misapprehension of the law, divided the estate equally between the seven brothers and sisters, to the exclusion of the children of the deceased sister.
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Assumpsit, in Harris Superior Court. Decided by Judge Alexander, March Term, 1849. Obadiah M. Culbreath died intestate, leaving neither wife nor children. Plis nearest of kin were seven surviving brothers and sisters, and tjjp children of a deceased sister. "William Culbreath, the administrator, under a misapprehension of the law, divided the estate equally between the seven brothers and sisters, to the exclusion of the children of the deceased sister. Subsequently, these children instituted suit against the administrator and recovered the one-eighth of the estate. The present action was by…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] The judgment of non-suit was awarded by the Court below in this case, upon the following state of facts, agreed upon by the parties : “ The actions were founded upon a voluntary payment made to each of the defendants by the plaintiff, as administrator of Ob adiah M. Culbreath, deceased, of one-seventh part of said intestate’s estate, as part of their distributive shares of said estate, in ignorance of the law of distribution of estates. After the payments, the children of a deceased sister of the intestate, and also of the defendant’s, in…
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