South-Western Railroad v. Thomason
Supreme Court of Georgia
Equity. Private sale by administrator. By Judge Cole. Bibb Superior Court. May Term, 1869. The bill of Thomason and others against said company, and Charles C. Usher averred as follows: -In 1861, James Wakeman died in said county, seized and possessed of a large estate, real and personal, all of which, except some slaves, he gave by his will to his wife, who was his sole heir. . Part of the personal assets of his estate were forty shares of the capital stock of said company,…
Read the full summary
Equity. Private sale by administrator. By Judge Cole. Bibb Superior Court. May Term, 1869. The bill of Thomason and others against said company, and Charles C. Usher averred as follows: -In 1861, James Wakeman died in said county, seized and possessed of a large estate, real and personal, all of which, except some slaves, he gave by his will to his wife, who was his sole heir. . Part of the personal assets of his estate were forty shares of the capital stock of said company, then and yet, of the value of $10,000 00, and producing $1,000 00 annually. Mrs. Wakeman proved the will, qualified as…
1Opinion of the CourtMcCay, J.
1. Very much of the old common law distinction betAveen real and personal property in the administration of the estates ,of deceased persons is done aAvay with by our laAV. Realty is assets for the payment of debts. The administrator may sue for it, Code, section 2449, and in some cases he may even sue the heir for realty: Section 2450. So as to personal property. The heir may compel the administrator to deliver to him the specific property if there be no necessity to dispose *411of it, and he is entitled to an attachment to compel its delivery: Code, sec. 2558. When practicable, the Ordinary may…
2Cited by8 opinions
- Bates-Farley Savings Bank v. DismukesSupreme Court of Georgia · 1899
- Buena Vista Loan & Savings Bank v. GrierSupreme Court of Georgia · 1901
- Ravenscraft v. PrattSupreme Court of Kansas · 1879
- Eagle & Phenix Man'f'g Co. v. WestSupreme Court of Georgia · 1878
- Fourth National Bank v. Swift & Co.Court of Appeals of Georgia · 1924
3 more not listed; retrieve them via the Exa API.