Lamar v. McLaren
Supreme Court of Georgia
Petition for direction. Before Judge Felton. Bibb superior court. May 9, 1898. Henry J. Lamar and Walter D. Lamar as executors of the will of Henry J. Lamar, deceased, filed an equitable petition, asking the direction of the court as to several matters in reference to the administration of their testator’s estate. The petition alleged that the testator died December 25, 1896, leaving ¡a large estate of realty and personalty.
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Petition for direction. Before Judge Felton. Bibb superior court. May 9, 1898. Henry J. Lamar and Walter D. Lamar as executors of the will of Henry J. Lamar, deceased, filed an equitable petition, asking the direction of the court as to several matters in reference to the administration of their testator’s estate. The petition alleged that the testator died December 25, 1896, leaving ¡a large estate of realty and personalty. The seventh paragraph of the petition was as follows: “Your petitioners further show that, by the fifth item of said will, the said testator directs that the business…
1Opinion of the CourtFish, J.
1. Section 4013 of the Civil Code declares that,. “ When a testator has affected to give property not his own, and has given a benefit to a person to whom that property belongs, the devisee or legatee must elect either to take under or againstihe instrument. The rule does not apply if the . . testator *599has an interest in such property upon which the will may operate,” etc. Counsel for plaintiffs in error contended that the declaration that the rule of election does not apply, “if the-testator has an interest in such property upon which the will may operate,” “was intended to be [an] absolute…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Gillis v. GillisSupreme Court of Georgia · 1895
- Phillips v. SolomonSupreme Court of Georgia · 1871
- Mechanics' Bank v. HeardSupreme Court of Georgia · 1867
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3Cited by35 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Clark v. NewsomeSupreme Court of Georgia · 1935
- Rogers v. CarmichaelSupreme Court of Georgia · 1937
- Rieves v. SmithSupreme Court of Georgia · 1937
- Lamar v. LamarSupreme Court of Georgia · 1903
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