(DOWNLOAD) "Hiers v. Striplin Et Al." by Supreme Court of Georgia * eBook PDF Kindle ePub Free
eBook details
- Title: Hiers v. Striplin Et Al.
- Author : Supreme Court of Georgia
- Release Date : January 15, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Mrs. Rubye S. Hiers filed in Colquitt Superior Court, against W. E. Striplin and R. E. Striplin, Jr., a petition which alleged substantially the following: The petitioner is the daughter and the defendants are sons of R. E. Striplin, who died intestate May 12, 1945, and the above stated parties together with their mother were his sole heirs at law. At the July, 1945, term of the ordinary's court the entire estate, consisting of the 140-acre home place and all the personal property connected therewith, was set aside to their mother as a year's support. In the fall of 1952 she leased the land to a named person for the year 1953, and the tenant gave her a rent note for $700. Mrs. R. E. Striplin, the mother of petitioner and the defendants, died February 13, 1953, leaving as her sole heirs at law the above stated parties. Upon her death the petitioner and defendants became tenants in common of the lands and joint owners of all personalty set aside in the year's support. All parties to the case are non-residents, and a receiver should be appointed to take charge of the personalty and to collect the rent note at maturity. On February 16, 1953, the defendant W. E. Striplin filed for probate an alleged will purporting to have been made by Mrs. R. E. Striplin, in which she attempted to devise and bequeath to her son R. E. Striplin, Jr., all of the realty and personalty set apart to her under the year's support, which case is now pending. The testatrix was without authority in law to devise or bequeath any property arising out of the year's support, and the devise to R. E. Striplin, Jr., is void. A fair and equitable division of the realty and personalty cannot be made and a sale with an equitable division of the proceeds is necessary. The defendants are insolvent, and equitable relief is necessary to avoid a multiplicity of actions. The petitioner prayed: that process issue; that a receiver be appointed and an accounting had; that the defendants be enjoined from changing the status of the property; that a declaratory judgment be rendered finding that the petitioner and the defendants are tenants in common of the realty and joint owners of the personalty; that a sale of the realty and personalty be decreed and, after an accounting, that the proceeds be equitably divided; and that the petitioner have general equitable relief. The defendants filed to the petition a general demurrer, which the trial Judge sustained and dismissed the action, and the petitioner excepted.