Gibbs v. Gibbs
Supreme Court of Georgia
Injunction and receivership. Before Judge Gower. Ben Hill superior court. June 7, 1930. Thomas S. Gibbs died testate in 1913. By his will he bequeathed all his personal property to his wife, Mary E. Gibbs, for life, with remainder to his children and a grandson (the son of a, deceased daughter) jointly; he devised his real estate to his wife for life, with, remainder in specific devises to his children and grandson.
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Injunction and receivership. Before Judge Gower. Ben Hill superior court. June 7, 1930. Thomas S. Gibbs died testate in 1913. By his will he bequeathed all his personal property to his wife, Mary E. Gibbs, for life, with remainder to his children and a grandson (the son of a, deceased daughter) jointly; he devised his real estate to his wife for life, with, remainder in specific devises to his children and grandson. Two of the testator’s sons were named testamentary trustees for the grandson, who was a minor. Mary E. Gibbs, wife, and Early Gibbs, a son, were named executors of the will. They…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The plaintiffs below (defendants in error here) insist that Mrs. Gibbs could not buy the remainder interest of her son, Early Gibbs, at the sheriff’s sale, and that such purchase was necessarily for the benefit of the estate of which she was executrix. The general principle that a trustee can not purchase an interest adverse to his trust is invoked. The principle is fully recognized, but it has no application here. Under the will of Thomas S. Gibbs, a copy of which was attached to the petition, vested remainders were created. The executrix of Thomas S.…
2Cases cited8 opinions
- Vickers v. VickersSupreme Court of Georgia · 1909
- Morrison v. McFarlandSupreme Court of Georgia · 1917
- Neal v. FieldSupreme Court of Georgia · 1882
- Pike v. StallingsSupreme Court of Georgia · 1883
- Jackson v. JacksonSupreme Court of Georgia · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. ThomasSupreme Court of Georgia · 1946
- Tinsley v. MaddoxSupreme Court of Georgia · 1933
- Astin v. CardenSupreme Court of Georgia · 1942
- Terry v. ChandlerSupreme Court of Georgia · 1931
- Clements v. FletcherSupreme Court of Georgia · 1922
1 more not listed; retrieve them via the Exa API.