Legal Opinion

Jossey v. White

Supreme Court of Georgia

Decided March 15, 1859PublishedCited by 5 opinions

In Equity, from Monroe county. Decision on demur, rer, by Judge Cabaniss, at February Term, 1859, This was a bill in equity, filed by John H. Jossey and wife, against the remaindermen under the last will and testament of Reuben Brown, deceased, the father of Mrs. Josey, for direction and instruction as to the following clause of said will, to-wit: “Also I give to my daughter Lucinda Mildred Brown, the following property, to-wit: Jack, a man28 years old, .and his wife Ally,…

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In Equity, from Monroe county. Decision on demur, rer, by Judge Cabaniss, at February Term, 1859, This was a bill in equity, filed by John H. Jossey and wife, against the remaindermen under the last will and testament of Reuben Brown, deceased, the father of Mrs. Josey, for direction and instruction as to the following clause of said will, to-wit: “Also I give to my daughter Lucinda Mildred Brown, the following property, to-wit: Jack, a man28 years old, .and his wife Ally, 23 years old, and her three children, Richmond, 6 years old; Doctor, 4 years old, and Polk, 8 months old; Miles, aman 28…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

A very short time need elapse to bring about a very great change'in the destination of the property disposed of by tbe will of Reuben Brown. For not only is there a possibility of issue by the present husband of bis daughter, Lucinda M.; but should Jossey die and the widow *270intermarry, the possibility would be increased almost to a probability, that she might have offspring by another husband. I refer to the well authenticated physiological fact that a feme covert, who remained for years barren, during her first marriage, was delivered of twins…

2Cited by5 opinions

  1. Jossey v. BrownSupreme Court of Georgia · 1904
  2. Rollins v. DavisSupreme Court of Georgia · 1895
  3. Lofton v. MurchisonSupreme Court of Georgia · 1888
  4. Citizens & Southern National Bank v. HowellSupreme Court of Georgia · 1938
  5. Tippin v. ColemanMississippi Supreme Court · 1882

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