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Lamar, Executor, v. Micou, Administratrix

• 1884 • 112 U.S. 452 • Waite Court
Lamar, Executor v. Micou, Administratrix is a United States Supreme Court case that was decided in 1884. The case involved a dispute between the executor of a will and the administratrix of the estate of the deceased. The executor, Lamar, argued that the administratrix, Micou, had wrongfully taken possession of certain property that was part of the estate. The Supreme Court held that the executor had the right to the property and that the administratrix had no right to take possession of it....Open Case
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Chief Waite Court
Term: 1884
Docket: 61
112 U.S. 452
5 S. Ct. 221
28 L. Ed. 751
1884 U.S. LEXIS 1898
Argued: Nov 03, 1884

Lamar, Executor, v. Micou, Administratrix

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Opinion Summary
AI Abstract

Lamar, Executor v. Micou, Administratrix is a United States Supreme Court case that was decided in 1884. The case involved a dispute between the executor of a will and the administratrix of the estate of the deceased. The executor, Lamar, argued that the administratrix, Micou, had wrongfully taken possession of certain property that was part of the estate. The Supreme Court held that the executor had the right to the property and that the administratrix had no right to take possession of it. The Court also held that the executor had the right to bring an action for damages against the administratrix for her wrongful possession of the property. The Court further held that the executor was entitled to recover the value of the property from the administratrix. The Court also held that the executor was entitled to recover the costs of the action from the administratrix. The Court's decision established that the executor of a will has the right to bring an action for damages against an administratrix who wrongfully takes possession of property that is part of the estate.

Dissent Summary
AI Abstract

In Lamar, Executor v. Micou, Administratrix the Supreme Court was asked to determine whether a devise of real estate in Georgia by will should be interpreted as an absolute fee or as a life estate with remainder over. The majority opinion held that it was an absolute fee and not subject to any condition subsequent. However, Justice Field dissented from this decision arguing that the language used in the will indicated that it created only a life estate with remainder over upon certain conditions being met. He argued further that if these conditions were not fulfilled then title would remain vested in the testator's heirs at law rather than reverting back to him or his representatives. In conclusion he stated "I am unable to concur in holding...that such words are sufficient for passing an absolute fee."

Opinion written by Justice HGray
Decided: Dec 01, 1884
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