Roberts v. Thomas
Supreme Court of Georgia
In equity, in Bibb Superior Court. Tried before Judge Lamar, at the May Term, 1861. The questions presented for adjudication, in this case, arose out of the following state of facts, to-wit: On the 7th of May, 1847, Reuben Roberts published his will; by the first item of which he bequeathed lands, negroes and other property to his wife, Nancy Roberts, for and during her natural life-time, or widowhood, and, at her death or marriage, the said lands, negroes and other…
Read the full summary
In equity, in Bibb Superior Court. Tried before Judge Lamar, at the May Term, 1861. The questions presented for adjudication, in this case, arose out of the following state of facts, to-wit: On the 7th of May, 1847, Reuben Roberts published his will; by the first item of which he bequeathed lands, negroes and other property to his wife, Nancy Roberts, for and during her natural life-time, or widowhood, and, at her death or marriage, the said lands, negroes and other property, to be equally divided amongst his children—the life-interest in the land to be in lieu of his wife’s dower. By the…
1Opinion of the Court
By the Court.
Ltjmpkist, J.,
delivering the opinion.
Was the decree rendered in this case in accordance with the law and testimony ?
It is argued that John Roberts, as executor, had a right to take possession of all the assets, and that having done so, Luke Roberts is not liable until and unless he recovers the balance coming to his sister, Mrs. Thomas, out óf the estate of John Roberts, his co-executor. Is this so? The sale w'ds the joint act of both. What right had Luke Roberts to consent that the whole proceeds should go into the hands of his brother? He had an important trust to perform under…
2Cited by4 opinions
- Armstrong v. BoydSupreme Court of Georgia · 1913
- Lilly v. GriffinSupreme Court of Georgia · 1883
- Cromer v. CromerSupreme Court of Georgia · 1966
- Melson v. TravisSupreme Court of Georgia · 1910