Smith v. Executors of Smith
Supreme Court of Georgia
In Equity, in Sumter Superior Court, Decision by Judge Allen, at March Term, 1857. This was a bill filed by Seaborn Montgomery and Joseph A. S. Turner, executors of the last will and testament of Lovett B. Smith, deceased, asking the direction and aid of the Court in the execution of said last will and testament.
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In Equity, in Sumter Superior Court, Decision by Judge Allen, at March Term, 1857. This was a bill filed by Seaborn Montgomery and Joseph A. S. Turner, executors of the last will and testament of Lovett B. Smith, deceased, asking the direction and aid of the Court in the execution of said last will and testament. The bill alleges that the testator, after the making of said will, but before his death, transferred and negotiated the notes, bequeathed, in the 8th clause of his will, in trust to purchase a plantation for the use of Martha Smith and her children, and left nothing in lieu thereof,…
1Opinion of the Court
By the Court. —
McDonald J.,
delivering the opinion.
This bill was filed by the executors of the last will and testament of Lovett B. Smith, deceased, setting out the will, and asking the direction of the Court, as to its execution. A general demurrer for the want of equity, was filed thereto. The executors invoked the instructions of the Court as to their duty under the will, in respect to two legacies, which they found some embarrassment in settling according to the letter of the will.
They were relieved of the difficulty in respect to one of them, by the adjustment of the parties after the…
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