Mosely v. Floyd
Supreme Court of Georgia
In Equity, in Morgan Superior Court. Tried before his Honor Judge Harris, at the September Term, i860. On the 5th day of September, 1853, Albert O. Mosely, his wife, Mary Jane Mosely, and Ann Eliza Mosely, filed their bill in equity, in Morgan Superior Court, against John J. Eloyd and others, in which, among other things, they alleged: That in the year 1838, John Eloyd, then of said county of Morgan, departed this life, leaving unrevoked and in full force, a will, in which…
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In Equity, in Morgan Superior Court. Tried before his Honor Judge Harris, at the September Term, i860. On the 5th day of September, 1853, Albert O. Mosely, his wife, Mary Jane Mosely, and Ann Eliza Mosely, filed their bill in equity, in Morgan Superior Court, against John J. Eloyd and others, in which, among other things, they alleged: That in the year 1838, John Eloyd, then of said county of Morgan, departed this life, leaving unrevoked and in full force, a will, in which Stewart Eloyd, and the said John J. Eloyd, were nominated executors; that the will was duly proven and recorded, and the…
1Opinion of the Court
By the Court. —
Ryon, J.,
delivering the opinion.
This was a bill filed by the complainants, plaintiffs in error, against John J. Floyd and others, for account.
John Floyd, late of the county of Putnam, by his last will, appointed his two sons, Stewart and John J. Floyd, the principal defendants in this case, executors thereof, and by the 4th item directed all the balance of his property, not otherwise specifically disposed of, to be sold; and from the proceeds he gave to his two sons, the said Stewart and John Floyd, the sum of five thousand dollars, in trust, to pay the interest thereon to his…
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