Executors of Nolan v. Bolton
Supreme Court of Georgia
Equity, from Wilkes county. Decided by Judge Thomas, March Term, 1858. The bill of complaint in this case wasfiled by James N. Bolton and others, legatees under the will of James Nolan deceased, against John West and another, executors under the said will for an account.
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Equity, from Wilkes county. Decided by Judge Thomas, March Term, 1858. The bill of complaint in this case wasfiled by James N. Bolton and others, legatees under the will of James Nolan deceased, against John West and another, executors under the said will for an account. The testator James Nolan, in the last item of his will, after appointing his executors proceeded as follows, “and it is my will and desire that at the division of my property each one shall be charged with and account for in said divisional! money or property they have received from me, so as to make them share equally in the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
What was it that the testator meant the legatees to " be charged with and account for.” The defendants in error5 say, that it was only gifts — advancements; that it was not loans.
*355His words are: “ it is my will and desire that at the division of my property, each one shall be charged with, and account for, in said division, all money, or property they have received from me, so as to make them share equally in the property to be divided, and in advances.”
First, let us take the words, ending with “me.”
“ All money or property they have received from…
2Cited by8 opinions
- Kissick v. BoltonSupreme Court of Iowa · 1907
- Paine v. Copper Belle Mining Co.Arizona Supreme Court · 1911
- Tart v. . TartSupreme Court of North Carolina · 1911
- Treadwell v. EverettSupreme Court of Georgia · 1938
- Ebeling v. EbelingNew York Supreme Court · 1908
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