Lester v. Stephens
Supreme Court of Georgia
Petition for injunction, etc. Before Judge Littlejohn. Webster superior court. February 16, 1901. This was a petition by which devisees under the will of Mattie J. Stephens sought to obtain possession of the devised property, in the possession of Peter Stephens, the executor, and to have a part of the will, in which he was appointed trustee for them and given control of the property during his lifetime, declared void; an accounting from him; a decree that there was no…
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Petition for injunction, etc. Before Judge Littlejohn. Webster superior court. February 16, 1901. This was a petition by which devisees under the will of Mattie J. Stephens sought to obtain possession of the devised property, in the possession of Peter Stephens, the executor, and to have a part of the will, in which he was appointed trustee for them and given control of the property during his lifetime, declared void; an accounting from him; a decree that there was no necessity for administration, and canceling the letters of administration; an injunction against the cutting and removal of…
1Opinion of the CourtSimmons, C. J.
In May, 1900, Mrs. Stephens made her will. She died in the following July. So far as the will is material to the present case, its exact terms are shown' by the reporter’s statement, supra. By it she gave her brother and sisters all of her property. In the third item she undertook to create a trust in the property given, and to appoint her husband, Peter Stephens, trustee. Her husband was also appointed executor. She directed that her husband should have full control and management of the property for the term of his natural life. The husband qualified as executor, and took possession of the…
2Cases cited3 opinions
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Torrey v. BishopSupreme Court of Alabama · 1894
- Alabama State Bank v. GlassSupreme Court of Alabama · 1886
3Cited by27 opinions
- Alonzo Wimberly Jenkins, Jr., as Executors Under the Will of Martha O. Jenkins, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Benton v. TurkSupreme Court of Georgia · 1939
- Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Sinnott v. MooreSupreme Court of Georgia · 1901
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