Powell v. Hammond
Supreme Court of Georgia
Executors. Practice. Injunction. Receivers. Jurisdiction. Before Judge Eain. Bartow county. At chambers, September 8, 1888. By petition to the superior court of Bartow county, Mrs. Hammond and Mrs. "Whitehead alleged as follows; They are daughters of R. C. C. Powell, who died testate on April 21, 1888, nominating Thomas II. Powell, as his executor. The will was probated, and the executor qualified.
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Executors. Practice. Injunction. Receivers. Jurisdiction. Before Judge Eain. Bartow county. At chambers, September 8, 1888. By petition to the superior court of Bartow county, Mrs. Hammond and Mrs. "Whitehead alleged as follows; They are daughters of R. C. C. Powell, who died testate on April 21, 1888, nominating Thomas II. Powell, as his executor. The will was probated, and the executor qualified. He made a pretended inventory of the estate and had appraisers appointed, who appraised what was contained in that inventory, which did not contain all of the estate of -testator, but only a number…
1Opinion of the Court
Bleckley, Chief Justice.
1. The injunction granted extends to no property the title of which is in dispute, except the Kennedy note and mortgage. The rest of the iiroperty on which the injunction operates- is confessedly assets of the testator’s estate to be administered; and as the injunction granted is to be construed in the light of the prayer for it found in the petition, we. regard the tenor of the injunction respecting the admitted assets to be only a restraint on .any disposition or use of these assets other than as directed by the will. See the 6th prayer of the petition. Thus…
2Cases cited3 opinions
- Dean v. Central Cotton Press Co.Supreme Court of Georgia · 1880
- Johns v. JohnsSupreme Court of Georgia · 1857
- Harrup v. WinsletSupreme Court of Georgia · 1868
3Cited by3 opinions
- Calbeck v. HerringtonSupreme Court of Georgia · 1930
- Benton v. TurkSupreme Court of Georgia · 1939
- Georgia Baptist Orphans Home Inc. v. WeaverSupreme Court of Georgia · 1942