12 Ga. 278 | Ga. | 1852
By the. Court.
delivering the opinion.
It alleges, that by her will she left to them one-fourth part of her estate, which amounted to some $15,000, or other large sum. The defendant, who was appointed by said will trustee for Mrs. Pound, submitted the will to' the proper Court, where it was proven and admitted to record. No executor was nominated; nor has administration with the will annexed, been granted upon the estate of Mrs. Horne.
It appears from the answer of Murphy, that the will was made for a special purpose, and t&at in carrying it to probate and record, that object would be attained.
Murphy, who resided with the testatrix at the time of her death, took charge of every thing which was in the possession of Mrs. Horne, as the property of the estate of John Horne, her deceased husband, who had given a life interest in it to his wife; but he utterly denied that she owned any estate, to dispose of by her will; moreover, he insisted, that suit could not be maintained against him by the complainants, to compel a distribution of the estate of Elizabeth Horne, if she had any, until it should be represented by the appointment of an administrator, with the will annexed ; that he alone was competent to collect together the estate of the testatrix, and after the payment of her debts, to divide the residue among the legatees.
The judgment must be reversed, with instructions to the Court below to dismiss the bill.