Wilkerson v. Clark
Supreme Court of Georgia
Wills. Estates. Remainders. Words and phrases Before Judge Lumpkin. Pike superior court. April term, 1887. Wilkerson et dl. brought ejectment against Clark. The case was submitted to the presiding judge upon the following agreement as to facts : The will of Nathan Yincent (containing the item set out in the decision) was executed and admitted to probate in 1841. The land in dispute passed to Syrena Wilkerson under the will, and plaintiffs were her children.
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Wills. Estates. Remainders. Words and phrases Before Judge Lumpkin. Pike superior court. April term, 1887. Wilkerson et dl. brought ejectment against Clark. The case was submitted to the presiding judge upon the following agreement as to facts : The will of Nathan Yincent (containing the item set out in the decision) was executed and admitted to probate in 1841. The land in dispute passed to Syrena Wilkerson under the will, and plaintiffs were her children. She died in 1884 or 1885. She sold the land, and defendant and those under whom he holds have been continuously in possession since that…
1Opinion of the Court
Bleckley, Chief Justice.
This devise, made in 184.1, was by a father to his married daughter. He gave to her an equal share with each of his other children in the general residue of his estate, and added, “ to her benefit during her natural lile, but my will is that (her husband) have no control of her distributive share, but that it be and remain the property of the heirs of her body after her death.” That by this provision of the will, an estate of freehold was conveyed to the daughter, with the ultimate estate of inheritance to the heirs of her body, there is no dispute. Thus far both sides…
2Cases cited16 opinions
- Ford v. CookSupreme Court of Georgia · 1884
- Tucker v. AdamsSupreme Court of Georgia · 1854
- Leroy M. Wiley, Parish & Co. v. SmithSupreme Court of Georgia · 1847
- Sharman v. JacksonSupreme Court of Georgia · 1860
- Gaboury v. McGovernSupreme Court of Georgia · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Scruggs v. MayberryTennessee Supreme Court · 1915
- Milner v. GaySupreme Court of Georgia · 1916
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Carnes v. BakerSupreme Court of Georgia · 1897
1 more not listed; retrieve them via the Exa API.