Sloan v. Nance
Supreme Court of Georgia
Homestead. Minors. Before Judge Harvey. Whitfield Superior Court. October Term, 1871. Sloan was executor of A. Sloan and guardian of his children. The will directed him to sell testator’s land, publicly or privately, and divide proceeds between testator’s children. Sloan had the land set apart as a homestead for the minor children, and then, with the approval of the Ordinary, sold the land. The minors, by their next friend and guardian, brought ejectment for the land.
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Homestead. Minors. Before Judge Harvey. Whitfield Superior Court. October Term, 1871. Sloan was executor of A. Sloan and guardian of his children. The will directed him to sell testator’s land, publicly or privately, and divide proceeds between testator’s children. Sloan had the land set apart as a homestead for the minor children, and then, with the approval of the Ordinary, sold the land. The minors, by their next friend and guardian, brought ejectment for the land. They contended that the sale, if legal, was fraudulent, and one evidence of fraud was the inadequacy of price. To meet that…
1Opinion of the Court
Montgomery, Judge.
Archibald Sloan died leaving a will, by which he directed his executor to sell the land in dispute, at private or public sale, and divide the proceeds among testator’s children, the lessees of plaintiff. The executor, who was also testamentary guardian, instead of selling the land, had it set apart as a homestead to the children, believing the estate to be insolvent. Afterwards he obtained from the Ordinary the following paper:
“STATE OF GEORGIA — Whitfield County:
I, W. H. Brooker, Ordinary for said county, do hereby approve the transfer of said lot of land, number two…
2Cited by1 opinion
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