Neal v. Patten
Supreme Court of Georgia
Power of attorney by executor. Sale under power by executor. Ratification. Attorney and client. Confidential communications. Annual crops. Sale by sample. Bill to marshal assets. Report of auditor. Tax affidavit. Res gestas. Charge of Court. Before Bichard Sims, Esq., Judge pro hao vice. Mitchell Superior Court. ’May Term, 1872. Eor the facte of this case, see the opinion.
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Power of attorney by executor. Sale under power by executor. Ratification. Attorney and client. Confidential communications. Annual crops. Sale by sample. Bill to marshal assets. Report of auditor. Tax affidavit. Res gestas. Charge of Court. Before Bichard Sims, Esq., Judge pro hao vice. Mitchell Superior Court. ’May Term, 1872. Eor the facte of this case, see the opinion. B. F. Lyon, Esq., submitted the following brief: 1st. The evidence of Smith was a confidential, communication, and should have been excluded. 2d. The evidence was merely heresay. 3d. The sale of the cotton was illegal,…
1Opinion of the Court
Montgomery, Judge.
Allen Cochran died November 30th, 1863, leaving a considerable estate, consisting of land and negroes, which he bequeathed to his two daughters, after payment of his debts. He owed a large amount to various creditors, some of whose claims were in judgment at the time -of his death. He left his brother, Jubal Cochran, his sole executor and trustee for his daughters, one of whom was then married. The will conveyed no unusual power to the executor, as to the disposition of the propérty or management of the estate. The executor proved the will December 7th, 1863, and immediately…
2Cited by7 opinions
- Fowler v. SheridanSupreme Court of Georgia · 1924
- Gray v. ConyersSupreme Court of Georgia · 1883
- McKie v. StateSupreme Court of Georgia · 1927
- Boggess v. Aetna Life InsuranceCourt of Appeals of Georgia · 1973
- Smith v. SmithSupreme Court of Georgia · 1966
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