Martin v. Broach
Supreme Court of Georgia
Assumpsit, &c.in Pulaski Superior Court. Tried before Judge Scarborough, October Term, 1848. John Martin died testate, and his will was duly proven, and George Walker qualified as executor under the same. Suit was brought against him, as such. The birth of a posthumous child, revoked the said will, which was so declared by the proper Court, and the letters testamentary to Walker, annulled.
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Assumpsit, &c.in Pulaski Superior Court. Tried before Judge Scarborough, October Term, 1848. John Martin died testate, and his will was duly proven, and George Walker qualified as executor under the same. Suit was brought against him, as such. The birth of a posthumous child, revoked the said will, which was so declared by the proper Court, and the letters testamentary to Walker, annulled. Eliza Martin, having qualified as administratrix, a scire facias issued, to make her a party defendant to the said suit; to which she pleaded, that she should not be made a party to the said suit in Pulaski…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The first question to be considered, is, was Mrs. Martin, as the administratrix generally, of the estate of John Martin, deceased, such a successor to George "Walker, who qualified as executor upon the will of said deceased, but whose letters testamentary were revoked, and the will set aside, on account of the birth of a posthumous child, as that she could be made a party to the suit, pending against Walker, as executor, at the instance of the estate of George Broach, deceased?
It is clear, that this could not be done at Common Law, or under the…
2Cases cited2 opinions
- Wetzell v. BussardSupreme Court of the United States · 1826
- Sands v. GelstonNew York Supreme Court · 1818
3Cited by38 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Plumb v. ChristieSupreme Court of Georgia · 1898
- Mayor of Macon v. HughesSupreme Court of Georgia · 1900
- Ladson v. StateSupreme Court of Georgia · 1981
- Devier v. StateSupreme Court of Georgia · 1981
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