Logan v. Goodall
Supreme Court of Georgia
Trusts. Marriage Settlements. Ejectment. Before Judge Cole. Bibb Superior Court, May Term, 1870. This was ejectment for part of lot number fifteen, in the western range of two acre lots in Macon, by Doe, upon a demise from John T. Lamar, as trustee of Mrs. E. W. McLaughlin, for forty years from the 1st of January, 1842, against Roe, casual ejector, and William P. Goodall, as executor of Robert P. McEvoy, as tenant in possession.
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Trusts. Marriage Settlements. Ejectment. Before Judge Cole. Bibb Superior Court, May Term, 1870. This was ejectment for part of lot number fifteen, in the western range of two acre lots in Macon, by Doe, upon a demise from John T. Lamar, as trustee of Mrs. E. W. McLaughlin, for forty years from the 1st of January, 1842, against Roe, casual ejector, and William P. Goodall, as executor of Robert P. McEvoy, as tenant in possession. The defenses were, not guilty, and prescription of seven years. Plaintiff’s counsel read in 'evidence a marriage settlement made in Richmond county, Georgia, on the…
1Opinion of the CourtMcCay, J.
1. By the express terms of the marriage settlement, the intended husband contracts with Lamar, that the property of the intended wife shall be free from his marital rights, and this not'only, as to the property she then had, but as to any property she might thereafter become entitled to, in any manner whatever.
By the rules of common sense, by our Code, and by the common law, this, ipso facto, makes Lamar the trustee of this settlement. Here is a contract with him for the use and benefit of the intended wife: See Rev. Code, sec. 2279-2281. The whole scope and design of the parties was to…
2Cited by11 opinions
- Burney v. ArnoldSupreme Court of Georgia · 1910
- Weaver v. CarterSupreme Court of Georgia · 1897
- Trammell v. InmanSupreme Court of Georgia · 1902
- Chambers v. SchallSupreme Court of Georgia · 1952
- Whigby v. BurnhamSupreme Court of Georgia · 1911
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