Sheehan v. Kennelly
Supreme Court of Georgia
In Equity, in Bibb Superior Court. Decision made by Judge Henry G. Lamar, on the 28th of July, 1860. On the 12th day of July, 1856, Dennis Sheehan filed his bill in equity, against Joseph Kennelly, alleging the following facts, to-wit: On the 15th of May, 1860, John Sullivan made his will, by the second item of which he beqeathed to his sister, Margaret Cooldin, the sum of $450, for and during her natural life, remainder to her children, after her death.
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In Equity, in Bibb Superior Court. Decision made by Judge Henry G. Lamar, on the 28th of July, 1860. On the 12th day of July, 1856, Dennis Sheehan filed his bill in equity, against Joseph Kennelly, alleging the following facts, to-wit: On the 15th of May, 1860, John Sullivan made his will, by the second item of which he beqeathed to his sister, Margaret Cooldin, the sum of $450, for and during her natural life, remainder to her children, after her death. By the third item of the will, the testator bequeathed all the rest and residue of his estate, real and personal, of any kind whatever, to…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The complainant and defendant were the appointed and qualified executors of the will of John Sullivan, deceased. The property of testator having been sold by the executors, in terms of the law, the money arising therefrom, and the execution of the will, went into the hands of the defendant, who seems to have properly paid out all of the same, in a proper execution of the trusts of the will, except a balance belonging, under the will, to the residuary legatees. The bill was filed by the complainant, as co-executor, alleging the embarrassed condition…
2Cited by2 opinions
- Quillian v. JohnsonSupreme Court of Georgia · 1905
- Patten v. PattenSupreme Court of New Hampshire · 1920