Bowers v. Lester
Tennessee Supreme Court
FROM WILSON. A petition was filed in the County Court, against Lester, administrator with the will annexed, of Eli E. Eason, to compel him to pay over a legacy of $100, with interest, to which he answered, admitting the right to the legacy, but insisting that he had paid it. This was contested, on the ground that it was paid to the petitioner while under age, and in Confederate treasury notes.
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FROM WILSON. A petition was filed in the County Court, against Lester, administrator with the will annexed, of Eli E. Eason, to compel him to pay over a legacy of $100, with interest, to which he answered, admitting the right to the legacy, but insisting that he had paid it. This was contested, on the ground that it was paid to the petitioner while under age, and in Confederate treasury notes. The Court declared that he had not paid the legacy, and ordered its payment, rendering judgment against him and' his security; and from this order the defendants appealed to the Supreme Court. took…
1Opinion of the CourtTuRNEY, J.
The proceedings in this matter must be dismissed for want of jurisdiction of the County Court, in which they were instituted, over the subject matter.
The petitions were filed under §§ 2312, 2313 and 2314 of the Code, contained in an Article, entitled, Distribution of Estates, in the words:
“Any distributee or legatee of the estate, may, after the expiration of two years from the grant of letters, apply to the County, Circuit or Chancery Court of the county or district in which administration was taken out, to compel the payment of his distributive share or legacy.’
“The application shall be by…
2Cited by10 opinions
- Brewer v. GriggsCourt of Appeals of Tennessee · 1929
- Teague v. GoochTennessee Supreme Court · 1960
- In Re Hodge's EstateCourt of Appeals of Tennessee · 1936
- Chester v. TurnerTennessee Supreme Court · 1925
- Ferguson v. MooreTennessee Supreme Court · 1961
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