McIntosh v. Hambleton
Supreme Court of Georgia
In Equity. In Thomas Superior Court. Decree by Judge IIansell. At Chambers. October, 1866. This was a bill filed in 1859, hy the defendants in error against the plaintiff in error.
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In Equity. In Thomas Superior Court. Decree by Judge IIansell. At Chambers. October, 1866. This was a bill filed in 1859, hy the defendants in error against the plaintiff in error. The parties, finally, in 1.866, agreed upon the facts, and referred the cause, for a decree, to the Chancellor in vacation, with liberty to except to bis decision. * John Hambleton, Senior, after making his will, (since admitted to probate) died in 1854, leaving nine children and his wife, Margaret, surviving him. Eight of the children, with the husbands of such as are femes covert, are the complainants in the…
1Opinion of the Court
Habéis, J.
[1.] It has been earnestly argued that the agreement made by the remaindermen under the will of Ilambleton, that the tenant for life might receive and use the property without any restrictions by the executor, and without giving bond for its forthcoming and delivery upon the termination of the life estate, was an assignment of title by remaindermen to such life tenant.
We do not so regard this covenant.
The tenant for life acquired by it no greater or other estate than that given by the will.
[2.] Whilst we recognize as sound law the principle, that an administrator is not liable to…
2Cited by4 opinions
- Philip H. Alston, Jr., and the Citizens and Southern National Bank, Executors of the Estate of Charles Loridans v. United StatesCourt of Appeals for the Fifth Circuit · 1965
- Lanier v. HuguleySupreme Court of Georgia · 1893
- Charles v. Citizens & Southern National BankSupreme Court of Georgia · 1974
- Jacobus v. JacobusNew Jersey Court of Chancery · 1883