Maynard v. Zellner
Supreme Court of Georgia
Equitable petition. Before Judge Searcy. Monroe superior court. April 10, 1920. P. B. Maynard et al., as executors of the last will and testament of W. T. Maynard, deceased, filed tbeir petition against Mrs. J. N. Zellner et al., and alleged in substance as follows: Under the will'of W. T. Maynard Mrs. Zellner is given certain lands wbicb were valued by tbe testator at $3500, whieb amount it is provided shall be charged against the interest of Mrs. Zellner in tbe…
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Equitable petition. Before Judge Searcy. Monroe superior court. April 10, 1920. P. B. Maynard et al., as executors of the last will and testament of W. T. Maynard, deceased, filed tbeir petition against Mrs. J. N. Zellner et al., and alleged in substance as follows: Under the will'of W. T. Maynard Mrs. Zellner is given certain lands wbicb were valued by tbe testator at $3500, whieb amount it is provided shall be charged against the interest of Mrs. Zellner in tbe distribution of the estate. It is also provided in the will that Mrs. Zellner shall be charged with the sum cf $800 previously…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. It appears that none of the legatees or devisees of W. T. Maynard were made parties to the petition, except the testator’s daughter, Mrs. Zellner, her children, the children of Mrs. Amanda Lawson (another daughter of the testator) — Walter Lawson and W. T. Lawson, and W. T. Maynard. None of the defendants demurred to the petition, except Mrs. Zellner and her children; and as to them the petition was dismissed by the trial judge. The order of dismissal recites that the general demurrer is sustained upon each and all of the grounds thereof. In the view we…
2Cases cited3 opinions
- Prince v. BarrowSupreme Court of Georgia · 1904
- Maynard v. MaynardSupreme Court of Georgia · 1917
- Oglesby v. OglesbySupreme Court of Georgia · 1860
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