Oliver v. Henderson
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Dooly superior court. March 10, 1904. Henry Oliver in his will gave to his wife a life-estate in all •of his property, the language of the will descriptive of the. property being as follows: “ All my property, both personalty and realty.”
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Equitable petition. Before Judge Littlejohn. Dooly superior court. March 10, 1904. Henry Oliver in his will gave to his wife a life-estate in all •of his property, the language of the will descriptive of the. property being as follows: “ All my property, both personalty and realty.” To the heirs of his son I. 0. Oliver the testator bequeathed “ the said personalty and realty,” after the death of his wife, except that Henry Oliver Jr. was to have “lot of land (78) in the second district of Dooly county, more than the rest of the heirs of the said I. 0. Oliver.” Henry Oliver Jr. filed a…
1Opinion of the CourtCobb, J.
The testator gave to his wife a life-estate in all his property. He then undertook to dispose of the remainder interest therein, giving to the heirs of I. 0. Oliver the fee in all of the property, one of such heirs being given, in addition to an equal share, a lot of land which is described as “lot of land (78) in the second district of Dooly county. ” It appears that the testator did not own lot 78. The description “lot 78” is therefore false) and, under the maxim falsa demonstratio non nocet, may be rejected, provided after so doing there is a sufficient description *838left to identify the…
2Cases cited20 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Johnson v. McKaySupreme Court of Georgia · 1903
- Judy v. GilbertIndiana Supreme Court · 1881
- Sherwood v. SherwoodWisconsin Supreme Court · 1878
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3Cited by10 opinions
- Citizens & Southern National Bank v. ClarkSupreme Court of Georgia · 1931
- Shackelford v. OrrisSupreme Court of Georgia · 1907
- Ragan v. National City BankSupreme Court of Georgia · 1933
- Hall v. BeecherSupreme Court of Georgia · 1969
- Legare v. LegareSupreme Court of Georgia · 1997
5 more not listed; retrieve them via the Exa API.