Henderson v. Sapp
Supreme Court of Georgia
Equitable petition. Before Judge Tarver. Whitfield superior court. January 19, 1923. Sapp, as administrator de bonis non upon the estate of James H. Lowery, filed a petition praying for direction as to the distribution of the estate. The will recites: “I give and bequeath to my daughter, Margaret J. Lowerjq and my son, J ames K. Lowery, jointty, all my real and personal property that I may own at my death.
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Equitable petition. Before Judge Tarver. Whitfield superior court. January 19, 1923. Sapp, as administrator de bonis non upon the estate of James H. Lowery, filed a petition praying for direction as to the distribution of the estate. The will recites: “I give and bequeath to my daughter, Margaret J. Lowerjq and my son, J ames K. Lowery, jointty, all my real and personal property that I may own at my death. If the said Margaret J. or James K. Lowery wish to sell any of the property, it must be sold with the free consent of both parties; one cannot sell without the consent of the other. If…
1Opinion of the CourtGilbert, J.
1. The claims of plaintiffs in error are not, as contended, charges on the estate of James H. Lowery because the money borrowed was expended or used for the preservation of the estate during the occupancy and use of the property by Margaret J. and James K. Lowery. The money expended by the creditors, the plaintiffs in error, was not an advancement to the estate, but was, at most, a loan to Margaret J. and James K. Lowery.
2. The judgment of the court was not erroneous. Whether, under the will, Margaret J. and James K. Lowery took an absolute fee-simple title, or a defeasible fee, or a…
2Cited by3 opinions
- Rogers v. RogersCourt of Appeals of Georgia · 1966
- Rogers v. RogersCourt of Appeals of Georgia · 1966
- Rogers v. RogersCourt of Appeals of Georgia · 1966