Darnell v. Barton
Supreme Court of Georgia
Wills. Estates. Remainders. Before Judge Brown. Cherokee Superior Court. Eebruary Term, 1885. Jefferson Barton died in 1S62, leaving a wi±±, the substance of which is set out in the decision. The testator left a wife and several children. One of the sons married, and died in 1877. In 1883, the testator’s widow died, leaving four of the testator’s children surviving.
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Wills. Estates. Remainders. Before Judge Brown. Cherokee Superior Court. Eebruary Term, 1885. Jefferson Barton died in 1S62, leaving a wi±±, the substance of which is set out in the decision. The testator left a wife and several children. One of the sons married, and died in 1877. In 1883, the testator’s widow died, leaving four of the testator’s children surviving. Subsequently the executors applied to be discharged. ' The widow of the deceased son objected to the discharge, on the ground that the executors had ignored her, and paid her no part of the estate. The case was carried by appeal…
1Opinion of the Court
Jackson, Chief Justice.
The sole point in this case turns on, whether the husband of plaintiff in error took a vested remainder on the death of his ancestor under the will. The bequest is of
“All of my property, both, real and perso nal, or whatsoever kind it may be, to my beloved wife, Jane Barton, for and during her natural life; and after the death of my said wife, I direct that all the remainder of my said property be sold by my executors and be equally divided among my children; and in the event that any of my children should die prior to the death of their said mother, leaving a child or…
2Cited by18 opinions
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Gilmore v. GilmoreSupreme Court of Georgia · 1944
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Tate v. TateSupreme Court of Georgia · 1925
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