Webb v. Hicks
Supreme Court of Georgia
Complaint for land. Before Judge Roberts. Johnson superior-court. March 17,1902. The plaintiffs claimed the land as remaindermen under the fourth item of the will of their grandmother Holland Wright. The material part of this item is: “ I desire that all my negroes, and as also all other property, be appraised and equally divided between my sons, William, John, and Eli, and at their death to go to their children.”
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Complaint for land. Before Judge Roberts. Johnson superior-court. March 17,1902. The plaintiffs claimed the land as remaindermen under the fourth item of the will of their grandmother Holland Wright. The material part of this item is: “ I desire that all my negroes, and as also all other property, be appraised and equally divided between my sons, William, John, and Eli, and at their death to go to their children.” The testatrix died in 1861, and the property was divided in accordance with the will. The land involved in this suit was in the part allotted to John Webb, one of the sons mentioned…
1Opinion of the CourtLamar, J.
1. There was no trustee, no trust, and no equitable estate, but a vested remainder, and a court of ordinary could have Ordered a sale thereof on application by a duly appointed guardian (Wallace v. Jones, 93 Ga. 420 (5); Crawford, v. Broomhead, 97 Ga. 614) but a judge of the superior court in vacation could not order such sale. It is true that the act of February 20, 1854, did authorize the judges of the superior courts in vacation to pass orders in relation to the sale of trust “ or other property,” or the investment of trust “ or other funds; ” yet the words “ other property ” and “ other…
2Cases cited12 opinions
- Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
- Mills v. GeerSupreme Court of Georgia · 1900
- Fleming v. HughesSupreme Court of Georgia · 1896
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Taylor v. ReeseSupreme Court of Georgia · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Grizzel v. GrizzelSupreme Court of Georgia · 1939
- Parrish v. RigellSupreme Court of Georgia · 1936
- Ethridge v. PittsSupreme Court of Georgia · 1921
- Reed v. WhiteSupreme Court of Georgia · 1951
24 more not listed; retrieve them via the Exa API.