Evans v. Paris
Supreme Court of Georgia
Ejectment. Before Judge Tarver. Gordon superior court. June 16, 1917. H. W. Paris as administrator with the will annexed of I. N. Buckner, deceased, brought ejectment against Albert Evans.
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Ejectment. Before Judge Tarver. Gordon superior court. June 16, 1917. H. W. Paris as administrator with the will annexed of I. N. Buckner, deceased, brought ejectment against Albert Evans. The land in controversy belonged to the decedent at the time of his death, and in his last will and testament he provided that “my beloved wife have full power under this will to manage said property [the property in controversy being included in this provision] so as to raise and educate the minor children during her lifetime or widowhood; then the remainder to be sold and divided equally between my…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. The court did not abuse its discretion in overruling the motion for a continuance.
2. The will involved in the .present ease was construed in the case of Fields v. Bush, 94 Ga. 664 (21 S. E. 827); and it was there held that the will created an estate in the testator’s widow for and during her life or widowhood, without reference to whether *46all the children should arrive at majority within that period or not; ¿nd that a sale and conveyance by her of a portion of the realty embraced and devised, the sale being made privately without an order of the…
2Cases cited4 opinions
- Watkins v. GilmoreSupreme Court of Georgia · 1904
- McGlawn v. LoweSupreme Court of Georgia · 1884
- Hodges v. Stuart Lumber Co.Supreme Court of Georgia · 1913
- Fields v. BushSupreme Court of Georgia · 1894
3Cited by5 opinions
- Miller v. Harris CountySupreme Court of Georgia · 1938
- Lucus v. CowanSupreme Court of Oklahoma · 1960
- Taylor v. CommonwealthSupreme Court of Virginia · 1919
- David v. DavidSupreme Court of Georgia · 1926
- Dixon v. RichardsonSupreme Court of Georgia · 1942