Legal Opinion

Walker v. Williamson

Supreme Court of Georgia

Decided June 15, 1858PublishedCited by 12 opinions

Equity, from Taylor. Tried before Judge Lamar, April .Term, 1858. Persons Walker died, leaving a will, directing in 2d item, that all of his property should be kept together by his wife until his son George Washington was twenty-one years of age, or married, having power, in her discretion, to lend to such children as should marry before George was of age or married, such negro or negroes as she might see proper; and when the event of George’s attaining to majorify or…

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Equity, from Taylor. Tried before Judge Lamar, April .Term, 1858. Persons Walker died, leaving a will, directing in 2d item, that all of his property should be kept together by his wife until his son George Washington was twenty-one years of age, or married, having power, in her discretion, to lend to such children as should marry before George was of age or married, such negro or negroes as she might see proper; and when the event of George’s attaining to majorify or manying took place, all his negroes, including such as may have been lent to his children, were to be brought together, and a…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

The period having arrived at which the testator’s estate was to be distributed, the complainants file their bill claiming to be entitled, as heirs at law of the testator, to distributive shares of parts of his estate, which they insist do not pass by the will. One of the testator’s children, Philip Walker, named as a legatee in one clause of the will, died in the lifetime of the testator, leaving no issue; his legacy lapsed, they allege, and that they are entitled to a part of that lapsed legacy.

The bill was demurred to on the grounds set forth…

2Cases cited1 opinion

  1. Burch v. BurchSupreme Court of Georgia · 1856

3Cited by12 opinions

  1. White v. RowlandSupreme Court of Georgia · 1881
  2. Toucher v. HawkinsSupreme Court of Georgia · 1924
  3. Armstrong Junior College Commission v. LiveseySupreme Court of Georgia · 1940
  4. Martin v. Trustees of Mercer UniversitySupreme Court of Georgia · 1896
  5. Fulghum v. StricklandSupreme Court of Georgia · 1905

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