Killen v. Sistrunk
Supreme Court of Georgia
In Equity, in Houston Superior Court. Motion for a new trial. Decided by Judge Floyd, April Tenn, 1849. On the 13th April, 1836, J ames H. Killen died testate, appointing John Killen his executor. By his will, after making provision for his wife, he desired that all the remainder of his property, real and personal, be sold by his executor, on some day after the 1st January, 1837, as he might deem best.
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In Equity, in Houston Superior Court. Motion for a new trial. Decided by Judge Floyd, April Tenn, 1849. On the 13th April, 1836, J ames H. Killen died testate, appointing John Killen his executor. By his will, after making provision for his wife, he desired that all the remainder of his property, real and personal, be sold by his executor, on some day after the 1st January, 1837, as he might deem best. The terms, one fifth cash, and the remainder in four annual instalments, with interest from the sale, so that one-fourth should fall due on 1st January of each year, till all was paid. The…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] We have carefully examined the calculation of the Jury, upon which their verdict was rendered, and, detect in it the most palpable mistakes. They charged the executor with the whole amount of assets which came to his hands, with interest thereon, at the rate of 16 per cent, compounded annually, without first deducting, at the beginning of each year, the amount of disbursements for the current expenses of the year. In one instance, i. e. in Í836 and 1837, the disbursements, amounting to $6,940 44, seem not to have been deducted till the'end…
2Cited by10 opinions
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- Georgia Pacific Railway Co. v. DooleySupreme Court of Georgia · 1890
- Sligh v. StateSupreme Court of Georgia · 1930
- Fulton County v. PhillipsSupreme Court of Georgia · 1892
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