Choice v. Marshall
Supreme Court of Georgia
This was a bill in Equity, brought in Putnam Superior Court, against Stephen B. Marshall by Leonard F. Choice, an infant, who sued by his guardian, John Graybill.
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This was a bill in Equity, brought in Putnam Superior Court, against Stephen B. Marshall by Leonard F. Choice, an infant, who sued by his guardian, John Graybill. It. alleged that Leonard Fretwell, the grandfather of the complainant died testate in the year 1820, leaving, unrcvoked and in full force, his will — a copy of which is hereto appended.(a) That, by the third item in said will, particular negroes were, by the testator, bequeathed to his daughter, Mary Fretwell, during her natural life, and the heirs of her body foreverF That after the death of her father, Mary Fretwell intermarried…
1Opinion of the Court
Lumpkin, Judge,
having stated the facts of the case, proceeded as follows :—
We have bestowed upon this case the fullest consideration — which the time would permit — allowed for that purpose by the legislature, and are of the opinion that the judgment of the circuit court is correct, and ought to be affirmed.
The question mainly argued by the counsel for the plaintiff in error is — what the testator did not intend, and not what he did. By showing that he did not intend that his daughter Mary should take a larger estate than one for life in the property left her, he insists that it will do…
2Cases cited2 opinions
- Anderson v. JacksonNew York Supreme Court · 1819
- Warners v. MasonSupreme Court of Virginia · 1816
3Cited by1 opinion
- Shoup v. WilliamsSupreme Court of Georgia · 1919