Legal Opinion

Duggan v. Harrison

Supreme Court of Georgia

Decided February 10, 1896PublishedCited by 1 opinion

Appeal. Before Judge Gamble. Washington superior court. September term, 1894. ■ On May 10, 1894, Martha W. Duggan, a daughter of W. D. Harrison, cited W. T. and Saleta Harrison, the executors of the will of W. D. Harrison, to mate return of their acts as such. On appeal the case was submitted to-the judge upon agreement of facts, the case turning on the-construction of the will. This was dated February 19,. 1877; and the testator died in the same year.

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Appeal. Before Judge Gamble. Washington superior court. September term, 1894. ■ On May 10, 1894, Martha W. Duggan, a daughter of W. D. Harrison, cited W. T. and Saleta Harrison, the executors of the will of W. D. Harrison, to mate return of their acts as such. On appeal the case was submitted to-the judge upon agreement of facts, the case turning on the-construction of the will. This was dated February 19,. 1877; and the testator died in the same year. After providing for the payment of debts, and devising sundry portions of personalty and money to his children, including the plaintiff, the…

1Opinion of the Court

Lumpkin, Justice.

The facts of this case appear in the official report.

The only .question really presented for our determination is, whether or not Mrs. Duggan was entitled to maintain, in the court of ordinary, a petition for a citation against "W. T. Harrison as executor, and Saleta Harrison as executrix, the purpose of which was to require them to make a return of the rents, issues and profits of the land devised *741to herself . and the other four children by their father, W. D. Harrison.

The terms of tire will, so far as it relates to this land, are peculiar, and it is quite a difficult matter…

2Cited by1 opinion

  1. Harrison v. HarrisonSupreme Court of Georgia · 1898

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