Legal Opinion

Murphy v. Pound

Supreme Court of Georgia

Decided August 15, 1852No. 49PublishedCited by 13 opinions

In Equity, from Monroe Superior Court. Tried before Judge Stark. February Term, 1852. Newman Pound and Wife filed their bill, alleging that Mrs. Horne, the grand-mother of Mrs. Pound, had departed this life leaving a will, bequeathing her whole estate to be equally divided among four persons, one of whom was Mrs. Pound. William R. Murphy was appointed executor of this will, and had it offered for probate and established, but never qualified as executor.

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In Equity, from Monroe Superior Court. Tried before Judge Stark. February Term, 1852. Newman Pound and Wife filed their bill, alleging that Mrs. Horne, the grand-mother of Mrs. Pound, had departed this life leaving a will, bequeathing her whole estate to be equally divided among four persons, one of whom was Mrs. Pound. William R. Murphy was appointed executor of this will, and had it offered for probate and established, but never qualified as executor. By the will, Murphy was also appointed trustee of the property left to-Mrs. Pound. The property of the testatrix was in possession of Murphy…

1Opinion of the Court

By the. Court.

Lumpkin, J.

delivering the opinion.

[1.] This bill was filed by Newman Pound and Martha G. Pound, his wife, to recover of William R. Murphy, a legacy bequeathed to the complainants, by Elizabeth Horne, the grandmother of Mrs. .Pound.

It alleges, that by her will she left to them one-fourth part of her estate, which amounted to some $15,000, or other large sum. The defendant, who was appointed by said will trustee for Mrs. Pound, submitted the will to' the proper Court, where it was proven and admitted to record. No executor was nominated; nor has administration with the will…

2Cited by13 opinions

  1. Pair v. PairSupreme Court of Georgia · 1918
  2. Morgan v. WoodsSupreme Court of Georgia · 1882
  3. Kytle v. KytleSupreme Court of Georgia · 1907
  4. Mason v. Atlanta Fire Co. Number 1Supreme Court of Georgia · 1883
  5. Brown v. Mutual Life InsuranceSupreme Court of Georgia · 1916

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