Gay v. Gay
Supreme Court of Georgia
Appeal from the Ordinary, on application for letters testamentary, in Clark Superior Court. Decision by Judge Hutch-ins, at August Term, 1859. This ivas an application to the Court of Ordinary of Clark county, by the plaintiff in error, for letters testamentary on the estate of Robert Sims, deceased. This application was resisted by the defendant in error, who filed a caveat to the same.
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Appeal from the Ordinary, on application for letters testamentary, in Clark Superior Court. Decision by Judge Hutch-ins, at August Term, 1859. This ivas an application to the Court of Ordinary of Clark county, by the plaintiff in error, for letters testamentary on the estate of Robert Sims, deceased. This application was resisted by the defendant in error, who filed a caveat to the same. The case coming on for trial in the Superior Cour t on appeal from the Ordinary, was submitted upon the following agreed statement of facts, viz: That Robert Sims died, leaving in full force his last will and…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
Counsel for the caveator and defendant in error waive the question as to the right of the plaintiff in error to retract his renunciation of the office of executor, and insist only upon the ground, that the estate of the testator was fully administered. And we concur with the Circuit Judge upon this point.
When the executor assents to the life estate, it is an assent to the devise over, whether it be a vested or contingent remainder. If it be a vested remainder, the assent is absolute ; if contingent, it is qualified — that is, it is subject to…
2Cited by6 opinions
- Toombs v. SpratlinSupreme Court of Georgia · 1907
- Oliver v. IrvinSupreme Court of Georgia · 1964
- Bristol Savings Bank v. NixonSupreme Court of Georgia · 1929
- Griffin v. FlemingSupreme Court of Georgia · 1884
- Hood v. HoodSupreme Court of Georgia · 1932
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