Ayer v. Chapman
Supreme Court of Georgia
Complaint for land. Before Judge Hammond. Richmond superior court. June 20, 1917. A testatrix died in 1868. She bequeathed a certain lot of land ■ in the city of Augusta to a trustee for the use of Julia Euphemia Brooks (afterwards Graham) during life, with remainder over to her children, but if she should die without leaving child or children, then in trust for other designated persons and their children.
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Complaint for land. Before Judge Hammond. Richmond superior court. June 20, 1917. A testatrix died in 1868. She bequeathed a certain lot of land ■ in the city of Augusta to a trustee for the use of Julia Euphemia Brooks (afterwards Graham) during life, with remainder over to her children, but if she should die without leaving child or children, then in trust for other designated persons and their children. The first-named cestui que trust (the life-tenant) died on September 22, 1909, without leaving any child. One of the other designated persons to take in contingent remainder predeceased the…
1Opinion of the CourtAtkinson, J.
1. The judgment allowed the defendant to set off the value of improvements placed upon the land by his grantors, as estimated at the time of the trial, without any reduction on account of profits which his grantors received from the land. It is contended that only so much of the value should be allowed as would remain after deducting profits derived from the land by the defendant’s grantors, .and to that extent the judgment was erroneous. For support of this contention reliance was had upon the case of Gardner v. Granniss, 57 Ga. 539, decided before the act of 1897 (Civil Code, §§ 5587-8),…
2Cases cited7 opinions
- Mills v. GeerSupreme Court of Georgia · 1900
- Gardner v. GrannissSupreme Court of Georgia · 1876
- Smith v. SmithSupreme Court of Georgia · 1909
- Dean v. FeelySupreme Court of Georgia · 1883
- Bowman v. OwensSupreme Court of Georgia · 1909
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3Cited by5 opinions
- Refinance Corp. v. WilsonSupreme Court of Georgia · 1936
- Darnell v. WilliamsSupreme Court of Georgia · 1930
- Harper v. DurdenSupreme Court of Georgia · 1933
- Kian v. KefalogiannisSupreme Court of Virginia · 1932
- Newsome v. MooreSupreme Court of Georgia · 1928