Gibbon v. Gibbon
Supreme Court of Georgia
Construction of Will. Before Judge Pope. Fulton Superior Court. April term, 1869. George Gibbon, of Charleston, South Carolina, made his will and codicils thereto, in said State, in the words and the dates following: “ I direct that my funeral expenses and all other legal debts be paid immediately upon my burial.
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Construction of Will. Before Judge Pope. Fulton Superior Court. April term, 1869. George Gibbon, of Charleston, South Carolina, made his will and codicils thereto, in said State, in the words and the dates following: “ I direct that my funeral expenses and all other legal debts be paid immediately upon my burial. I bequeath unto Messrs;. John Gibbon, George E. Gibbon and William L. Webb, to them and to their executors, my negro slave, Mary, with her future issue, and fifty thousand dollars, at its par value, of my city of Charleston six per cent, stock, of the longest dates, in trust,…
1Opinion of the CourtMcCay, J.
1. We do not think the legacies to Mrs. Brown lapsed. The will distinctly provides that at her death, without children, the property left her shall go to the testator’s heirs of the whole blood. This is not the same as if it were left to his heirs simply, it points out a particular class of heirs, or rather, as we shall hereafter show, it excludes a particular class of heirs, and therefore the persons taking are purchasers and do not take as heirs.
But it is said that, as' Mrs. Brown died before the testator, and as no man can have heirs until he is himself dead, the legacy to Mrs. Brown…
2Cases cited2 opinions
- Magruder v. CarrollCourt of Appeals of Maryland · 1853
- Dob ex dem. Wynne v. WynneMississippi Supreme Court · 1852
3Cited by7 opinions
- White v. RowlandSupreme Court of Georgia · 1881
- Evans v. RankinSupreme Court of Missouri · 1931
- Hanvy v. MooreSupreme Court of Georgia · 1913
- Ivey v. DavisSupreme Court of Georgia · 1932
- Jennings v. JenningsSupreme Court of Georgia · 1931
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