Garner v. Lankford
Supreme Court of Georgia
Equitable petition. Before Judge Brand. Gvdnnett superior court. June 30, 1916. The exception is to a judgment dismissing the case on demurrer.
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Equitable petition. Before Judge Brand. Gvdnnett superior court. June 30, 1916. The exception is to a judgment dismissing the case on demurrer. It appears from the allegations in the petition that George Minor was twice married, and died leaving surviving him his second wife and two sets of children, the issue of his respective marriages: The estate left by him was duly administered, in the course of which a statutory year’s support was set apart to the widow and certain land was set apart to the widow as dower; and such property as remained was distributed among the several heirs at law. One…
1Opinion of the CourtAtkinson, J.
1. Prior to the married woman’s act of 1866 (Acts 1866, p. 146), property given to the wife during coverture, or acquired by her, would ordinarily vest in the husband. DeVaughn v. McLeroy, 82 Ga. 687 (10 S. E. 211); Hudgins v. Chupp, 103 Ga. 484 (30 S. E. 301); Arnold v. Limeburger, 122 Ga. 72 (49 S. E. 812). But any words in the gift or bequest indicating a wish for the personal enjoyment by the wife, such as a gift to the wife by name, would create a separate estate therein for her. Code of 1863, § 1702; Whitten v. Jenkins, 34 Ga. 298; Fears v. Brooks, 12 Ga. 195; McQueen v. Fletcher, 77…
2Cases cited12 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Thornton v. JacksonSupreme Court of Georgia · 1907
- Rucker v. MaddoxSupreme Court of Georgia · 1902
- Barber v. BarberSupreme Court of Georgia · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Citizens & Southern National Bank v. EllisSupreme Court of Georgia · 1931
- Wallace v. MizeSupreme Court of Georgia · 1922
- Bleckley v. BleckleySupreme Court of Georgia · 1939
- Collins v. HenrySupreme Court of Georgia · 1923
- Allen v. AllenSupreme Court of Georgia · 1944
11 more not listed; retrieve them via the Exa API.