Windsor v. Bell
Supreme Court of Georgia
Husband and wife. Statute of limitations. Executors and administrators. Amendment. Before Judge Wright. Webster Superior Court.
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Husband and wife. Statute of limitations. Executors and administrators. Amendment. Before Judge Wright. Webster Superior Court. March Adjourned Term, 1878. In August, 1876, Windsor and his wife Josephine, brought complaint against Bell, as executor of the estate of Sampson Bell, deceased, for $4,634.78, besides interest, which they alleged said Sampson Bell, as administrator of the estate of Eason B. Sweeny, the father of said Josephine, became indebted to the said Josephine as the sole heir-at-law of said Sweeny. The defendant pleaded the general issue, the statute of limitations and…
1Opinion of the Court
Bleckley, Justice.
1. The will created a separate estate in the testator’s daughter, and on her marriage, in November, 1866, no marital rights attached in favor of her husband as to this property. The husband’s settlement and receipt did not bind her. He acted in his own assumed right, supposing that his marital rights had attached, and not as her agent or trustee. The record indicates that in the settlement which he made with the executor, the husband used some of these assets to extinguish his own debt. Of course, she could not ratify the settlement as to that element, (Chappell vs. Boyd,…
2Cases cited1 opinion
- Davis v. BagleySupreme Court of Georgia · 1869
3Cited by8 opinions
- Farmers State Bank v. KelleySupreme Court of Georgia · 1923
- Lane v. TarverSupreme Court of Georgia · 1922
- Webb v. HarrisSupreme Court of Georgia · 1906
- Jepson v. MartinSupreme Court of Georgia · 1902
- Weaver v. DavisCourt of Appeals of Georgia · 1907
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