Legal Opinion

Summerford v. Gilbert

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 6 opinions

Bill for. Inj unction. Decided by Judge Vason. Chambers. Lee County. November, 1867. The bill made this case : fcjullivan died on —:-day of- 1867, leaving a small estate, consisting of a maturing crop of corn, fodder and cotton, household and kitchen furniture, two mules and some stock, of the value of less than five hundred dollars; he left a wife, but no children ; Summerford was duly appointed administrator of Sullivan’s estate; the estate is insolvent; the widow has…

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Bill for. Inj unction. Decided by Judge Vason. Chambers. Lee County. November, 1867. The bill made this case : fcjullivan died on —:-day of- 1867, leaving a small estate, consisting of a maturing crop of corn, fodder and cotton, household and kitchen furniture, two mules and some stock, of the value of less than five hundred dollars; he left a wife, but no children ; Summerford was duly appointed administrator of Sullivan’s estate; the estate is insolvent; the widow has notified the administrator of' her application for commissioners to lay off and give to her a year’s support out of said…

1Opinion of the Court

Harris,'J.

The deed of Sullivan conveyed to Gilbert all of his personal property in trust; first, to pay all the creditors of Sullivan, and then the surplus of money arising from the sale of his property, to his two'sisters. Gilbert went into immediate possession of the property, and before the death of Sullivan, and since his death, has been occupied in the discharge of the duties assumed. This deed passed all the property described in it absolutely out of Sullivan, it became irrevocable. Summerford, the administrator, can have no better or other title, than his intestate. The injunction…

2Cited by6 opinions

  1. Burckhalter v. Planters Loan & Savings BankSupreme Court of Georgia · 1897
  2. Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
  3. Odom v. HoppendeitzelSupreme Court of Georgia · 1922
  4. Bank of Wrightsville v. PowellSupreme Court of Georgia · 1926
  5. Philpot v. RamseyCourt of Appeals of Georgia · 1933

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