Slade v. Street
Supreme Court of Georgia
In Equity, from Dooly Superior ¡Court. Decision by Judge Lamar, at October Term, 185S. John J. Street, as administrator of Ann Street, filed this bill in the Superior Court of Dooly county, to October Term, 1853, against William Slade and Jeremiah Slade, alleging, that William Slade, in the year 1S46, died in said county, leaving a last will and testament, that at the-Term 18-of the Inferior Court of said county, sitting for Ordinary purposes,said will was propounded for…
Read the full summary
In Equity, from Dooly Superior ¡Court. Decision by Judge Lamar, at October Term, 185S. John J. Street, as administrator of Ann Street, filed this bill in the Superior Court of Dooly county, to October Term, 1853, against William Slade and Jeremiah Slade, alleging, that William Slade, in the year 1S46, died in said county, leaving a last will and testament, that at the-Term 18-of the Inferior Court of said county, sitting for Ordinary purposes,said will was propounded for probate by Jeremiah Slade^ one of the executors ; a caveat was filed to the probate on the ground, among others, that the…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Did a Court of Equity have jurisdiction of this suit ?
The bill prayed, that a judgment of a Court of Ordinary, rejecting a paper propounded as a will, should be set aside; that this paper should be established, as a will, and the administration of it, as a will, superintended ; and, that the letters of administration, in the way, should be revoked.
Certainly, the Court which has jurisdiction over common *20cases of this sort, is a Court of Ordinary, and is not, a Court of Equity.
Perhaps it is trae, (and I myself inclino to think that it is true,) that…
2Cited by1 opinion
- Wilkinson v. Jeffers & CothransSupreme Court of Georgia · 1860