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110 Ga. 262

Payton v. Monroe

Supreme Court of Georgia

Decided November 1, 1899

Supreme Court of Georgia · decided 1899-11-01

<p>Levy and claim. Before Judge Janes. Haralson superior court. January term, 1899.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-01

How this case has been cited

Cited by 5 later decisions — most recently June 1951

5 state decisions

201899190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Little, J.

¶1On the death of a wife intestate, leaving a separate estate (in lands), without remainder or limitation over, title to such estate vests at her death in her heirs at law; and where these heirs are a husband and minor children, they take the estate share and share alike (Civil Code, §3354), and the share of the husband is subject to the payment of his debts. This is true notwithstanding the husband was ignorant that the law of inheritance vested in him title to any" ■part of said estate, and though he refused, upon ascertaining that such was the law, to accept his share. The court did not err in directing a verdict for the plaintiff.

¶2Judgment affirmed.

All the Justices concurring.
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