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29 Ga. 194

Brown v. McWilliams

Supreme Court of Georgia

Decided August 15, 1859

Supreme Court of Georgia · decided 1859-08-15

In Equity, in DeKalb Superior Court. Tried before Judge Bull, April Term, 1859. This was a bill in equity, filed by Jackson G. Brown, and Susan, his wife, and James W. Brown, and Martha, his wife, against John McWilliams, Senior, the father and former guardian of said Susan and Martha, his daughters, for an account and payment of a legacy bequeathed to them by the will of their grand-father, John McGowan, deceased, of Laurens district, South-Carolina.

Cited by 1 later decisions — most recently July 1941

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-08-15

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— Lumpkin J.

¶1By the Court.

¶2delivering the opinion.

¶3We do not think the verdict in this case should be disturbed.

¶4The Court of Ordinary, having jurisdiction over the subject, and acting, as we are bound to presume, with a full knowledge of Mr. McWilliams’s circumstances, passed an order authorizing him to retain the interest on the money received by him in South-Caroiina, for his minor children, for his trouble and expense in collecting the fund, his commissions, and to aid him in the support and maintenance of his wards. That order stands unreversed. One of the complainants, certainly, if not both, with a full knowledge of the facts, settled with their father seventeen years, and the other seven or eight years, before this bill was filed. Being satisfied that the arrangement made between the Court of Ordi*197nary and the guardian was a reasonable one, we are unwilling to interfere with it, especially after such a lapse of time. It was bad enough for these sons-in-law to rob the father of his daughters against his consent. It would be still worse to allow them to harass his old age, under the circumstances of this case, at this distant day.

¶5Judgment affirmed.

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