Woolfolk v. Beatly
Supreme Court of Georgia
Decision by Judge Worrell, at Chambers, 20th June,. 1855. Andrew McNeely, by his last will and testament, gave and-bequeathed to his wife, Esther, as follows: “four hundred-and eighty dollars; and I also require my son-in-law, John Whigham, to build her a good, comfortable house the plantation where I now reside, to be used and occupied by her during her life, or as long as she may choose ; and my said son-in-law is also to furnish her, yearly, and' every year during her…
Read the full summary
Decision by Judge Worrell, at Chambers, 20th June,. 1855. Andrew McNeely, by his last will and testament, gave and-bequeathed to his wife, Esther, as follows: “four hundred-and eighty dollars; and I also require my son-in-law, John Whigham, to build her a good, comfortable house the plantation where I now reside, to be used and occupied by her during her life, or as long as she may choose ; and my said son-in-law is also to furnish her, yearly, and' every year during her life, with forty bushels of corn, and.; 100 weight of clean cotton. I do further give unto my wife two beds and furniture,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Is the complainant entitled to the injunction prayed for, and which was refused by the Circuit Judge ?
The case makes it necessary to construe the will of Andrew McNeely, deceased. For if his widow, Esther McNeely, took a life estate in Chloe, then the right of the plaintiffs in’ trover, to sue, did not accrue till her death; and the bill does-not show when that ivas. It is stated in argument to have been in 1843. If this be true, it would change, materially, the aspect of the case made by the bill.
It is insisted by the learned Counsel for…
2Cited by5 opinions
- Bullock & Co. v. DunbarSupreme Court of Georgia · 1902
- Bryan v. TateSupreme Court of Georgia · 1912
- Hodges v. Stuart Lumber Co.Supreme Court of Georgia · 1907
- Hodges v. Stuart Lumber Co.Supreme Court of Georgia · 1913
- Murdock v. MitchellSupreme Court of Georgia · 1860