Bailie v. Kinchley
Supreme Court of Georgia
Will. Executor and administrator. Collateral security. Evidence. Practice in the Supreme Court. Damages. Before Judge' Gould. City Court of Augusta. November Term, 1873. James G. Bailie, as executor of Harper C. Bryson, deceased, brought trover against Thomas J. Kinchley and John T. Shewmake, for certain notes hereinafter mentioned. The defendants pleaded the general issue.
Read the full summary
Will. Executor and administrator. Collateral security. Evidence. Practice in the Supreme Court. Damages. Before Judge' Gould. City Court of Augusta. November Term, 1873. James G. Bailie, as executor of Harper C. Bryson, deceased, brought trover against Thomas J. Kinchley and John T. Shewmake, for certain notes hereinafter mentioned. The defendants pleaded the general issue. The facts of the case were as follows: On 3d June, 1872, James G. Bailie and William Bryson, the latter a son of testator, qualified as executors on the estate of Harper C. Bryson, whose will contained the following…
1Opinion of the Court
Trippe, Judge.
1. The terms used in the will conferring powers on the executors, were very strong and broad, to-wit: “I direct all my just debts to be paid, and to enable this to be done, as well as for the purpose of managing and distributing my estate, my executors, or the one that may qualify, are authorized to sell, exchange, or otherwise dispose of, any portion or all of my estate.” These words are certainly as strong as those in the will, the construction of which arose in the case of Mattox vs. Eberhart, 38 Georgia, 581. As in that case, other features in the will were taken as aiding…
2Cited by3 opinions
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
- Collins Park & Belt Railroad v. Short Electric Railway Co.Supreme Court of Georgia · 1894
- Estate of Barrett, Superior Court of California, County of San Francisco1899