Rabun v. Rabun
Supreme Court of Georgia
Administrators and executors. Estoppel. Mistake. Verdict. Practice in the Superior Court. Before Judge Pottle. "Warren Superior Court. April Term, 1878. Thomas R. Rabun brought complaint against Susannah Rabun, as executrix of Zachariah Rabun, deceased, for $>367.83, besides interest from March 4th, 1873, alleged to be due him under the will of his father, the testator, from the proceeds of certain land sold by the defendant.
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Administrators and executors. Estoppel. Mistake. Verdict. Practice in the Superior Court. Before Judge Pottle. "Warren Superior Court. April Term, 1878. Thomas R. Rabun brought complaint against Susannah Rabun, as executrix of Zachariah Rabun, deceased, for $>367.83, besides interest from March 4th, 1873, alleged to be due him under the will of his father, the testator, from the proceeds of certain land sold by the defendant. The latter pleaded the general issue, a special plea in abatement of the action, that plaintiff had been advanced, and the statute of limitations. The will of the…
1Opinion of the Court
Bleckley, Justice.
The widow of the testator, who was executrix, had, by the will, an estate in the land for her life, with remainder equally to all of the children. Her life estate, as to some of the land, she thought proper to relinquish, and bring that much of the land to sale for the purpose of a present distribution among the children deemed entitled. She testified at the trial that “the reason that I.relinquished my life estate and consented to the sale of the land was because Tom Babun told me he had no interest in the land, and I wanted to give my other children possession.” She…
2Cases cited1 opinion
- Davis v. BagleySupreme Court of Georgia · 1869
3Cited by4 opinions
- Crockett & Co. v. Garrard & Co.Court of Appeals of Georgia · 1908
- Lane v. TarverSupreme Court of Georgia · 1922
- Little v. RogersSupreme Court of Georgia · 1896
- Marshall v. Security Storage & Trust Co.Court of Appeals of Maryland · 1928