Legal Opinion

Royston v. Royston

Supreme Court of Georgia

Decided January 15, 1857No. 32PublishedCited by 11 opinions

In Equity, in Dougherty Superior Court. Tried beforo Judge Allen, June 1856. This was a bill filed by Mildred F. A. Royston, widow and administratrix with the will annexed of George D. Royston, deceased, against Cyrus A. Royston, Edward J. Swain find-. Win hern J. Lawton, guardian of Sarah Elizabeth and Mary Strother Royston, minors, and its principal object was to obtain a decree for the sale of a valuable plantation in the county of Baker. ■ The hill alleges, that Dr.…

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In Equity, in Dougherty Superior Court. Tried beforo Judge Allen, June 1856. This was a bill filed by Mildred F. A. Royston, widow and administratrix with the will annexed of George D. Royston, deceased, against Cyrus A. Royston, Edward J. Swain find-. Win hern J. Lawton, guardian of Sarah Elizabeth and Mary Strother Royston, minors, and its principal object was to obtain a decree for the sale of a valuable plantation in the county of Baker. ■ The hill alleges, that Dr. Felix G. Calloway died intestate, leaving a widow and two children, infant daughters, Mary Frances, who married Cyrus A.…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

We do not pretend in this case, to examine in detail, the numerous points presented by this record. All we shall attempt is, to announce succinctly, the judgment of the Court upon its main facts and features.

[1.] We are clear that the method adopted by the widow of Dr. Calloway, of electing to take a child’s part, instead of dower, in the real estate of her deceased husband, was right and proper. None better has been suggested, or occurs to this Court. It is objected, that no notice was given to the administrator. He lived in the. county and had…

2Cases cited1 opinion

  1. Royston v. RoystonSupreme Court of Georgia · 1853

3Cited by11 opinions

  1. Elkins v. MerrittSupreme Court of Georgia · 1917
  2. Radcliffe v. JonesSupreme Court of Georgia · 1932
  3. Hewitt v. PriceSupreme Court of Missouri · 1907
  4. Wheatley v. BlalockSupreme Court of Georgia · 1889
  5. Copeland v. JordanSupreme Court of Georgia · 1918

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