Cook v. Walker
Supreme Court of Georgia
In Equity, in Harris Superior Court. Decisions by Judge Craweord, March Term, 1854. The questions in this cause, arose upon the construction of the following marriage settlement: Georgia, Harris County : Whereas, a marriage is about to be solemnized between Elijah Cook and Mary Y. Walker, both of the county of Harris and State of Georgia; and whereas, the said Mary Y. is possessed, in her own right, and as of her own property, of a large amount of property—consisting of…
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In Equity, in Harris Superior Court. Decisions by Judge Craweord, March Term, 1854. The questions in this cause, arose upon the construction of the following marriage settlement: Georgia, Harris County : Whereas, a marriage is about to be solemnized between Elijah Cook and Mary Y. Walker, both of the county of Harris and State of Georgia; and whereas, the said Mary Y. is possessed, in her own right, and as of her own property, of a large amount of property—consisting of lands, negroes and stock, of all kinds, money and. dioses in action, and it is desired and agreed between the said Elijah…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Our first impressions, as to the Law of this case, were very strong, and subsequent -examination and reflection have tended only to confirm them.
"We are clear, that under this marriage settlement, Mrs. Cook took an absolute foe in all the property, real and personal, thereby conveyed; and consequently, that the remainder over, is void; inasmuch as a fee cannot be limited on a fee.
By the laws of this State, the word “heirs” is not necessary to create an estate of inheritance, by deed; for, by the Act of 1821, “ all gifts, grants, feoffments,…
2Cases cited5 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson v. SebringNew York Supreme Court · 1819
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Eager v. PriceNew York Court of Chancery · 1831
3Cited by20 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Bienvenu v. First National Bank of AtlantaSupreme Court of Georgia · 1941
- Wood v. OwenSupreme Court of Georgia · 1910
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