Prince v. Barrow
Supreme Court of Georgia
Equitable petition. Before Judge Seabrook. Chatham superior court. February 25, 1903. The will of Henry R. Jackson contains the following provisions : “ First: I give and devise all of my property to my wife, Florence B. Jackson, for and during her natural life, with the condition that should the annual income from it fall below ten thousand dollars, she shall apply five thousand* dollars of it to her own use and the residue of it to the following: (a) such part of it as may…
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Equitable petition. Before Judge Seabrook. Chatham superior court. February 25, 1903. The will of Henry R. Jackson contains the following provisions : “ First: I give and devise all of my property to my wife, Florence B. Jackson, for and during her natural life, with the condition that should the annual income from it fall below ten thousand dollars, she shall apply five thousand* dollars of it to her own use and the residue of it to the following: (a) such part of it as may be necessary to the support of my sister, Mrs. Sarah M. R. Prince, so long as she shall live, and, after her death, to…
1Opinion of the CourtFish, P. J.
Can the widow and other heirs at law of the testator set aside his will, and by agreement settle his estate amPng themselves ? Undoubtedly they can, if they are the only parties who have any legal or equitable interest therein; So far it appears from the case before the court, they are the only parties at interest, unless the three plaintiffs in error, who are the only children and descendants of his sister, Mrs. Sarah M. R. Prince, have, under his will, an interest in his estate.- Whether they have-such an interest or .not depends upon the question whether the will creates a trust in their…
2Cases cited5 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Stanley v. ColtSupreme Court of the United States · 1867
- Smith v. WildmanSupreme Court of Connecticut · 1870
- Dexter v. EvansSupreme Court of Connecticut · 1893
- In re Simons's WillSupreme Court of Connecticut · 1887
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- Simpson v. RaySupreme Court of Georgia · 1935
- Williams v. J. M. High Co.Supreme Court of Georgia · 1946
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