Womack v. Greenwood
Supreme Court of Georgia
In Equity, in Troup Superior Court. Decision on demurrer, by Judge Hill, November Term, 1848. Sherwood R. Womack filed his hill, returnable to the Superior Court of Troup County, alleging, that in the year 18 — , Collin Rogers of said County, died intestate, leaving Thomas B. Greenwood and another,his executors,Greenwood alone qualifying; that by the 4th clause of his will, he provided, that “ such provision be made for the support and comfort of my surviving wife and…
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In Equity, in Troup Superior Court. Decision on demurrer, by Judge Hill, November Term, 1848. Sherwood R. Womack filed his hill, returnable to the Superior Court of Troup County, alleging, that in the year 18 — , Collin Rogers of said County, died intestate, leaving Thomas B. Greenwood and another,his executors,Greenwood alone qualifying; that by the 4th clause of his will, he provided, that “ such provision be made for the support and comfort of my surviving wife and children, viz : Sarah L. Rogers, Henry A. Rogers and Lucretia Jane Rogers, as my executors shall deem necessary, and in…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The error assigned to the judgment of the Court below is, the sustaining the demurrer to the complainant’s bill, and dismissing it.
The testator, by the second clause of his will, directs that all *301his real estate and perishable property, be sold, so soon as his executors shall deem prudent, for the payment of his debts.
By the third clause in his will, the testator provides, that his negro property be either hired out or sold, so far as may be sufficient for the payment of his debts, and the residue appropriated for the benefit of his family,…
2Cited by3 opinions
- Terry v. FickettSupreme Court of Georgia · 1945
- Lanfair v. ThompsonSupreme Court of Georgia · 1900
- Lewis v. LofleySupreme Court of Georgia · 1878