Peavy v. Dure
Supreme Court of Georgia
Complaint for land. Before Judge Felton. Bibb superior court. February 14, 1907. Mary F. Peavy, Andrew Beynolds, Lee Beynolds, Georgia Slade, and Mattie Thomas brought an action at law against Leon S. Dure, to recover a certain tract of land in Bibb county. In the petition it was alleged that the tract sued for was “a part of a certain one-acre lot sold by E. M. Calhoun to Vm. E. Jenkins, trustee of Mary A. Beynolds and her children.”
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Complaint for land. Before Judge Felton. Bibb superior court. February 14, 1907. Mary F. Peavy, Andrew Beynolds, Lee Beynolds, Georgia Slade, and Mattie Thomas brought an action at law against Leon S. Dure, to recover a certain tract of land in Bibb county. In the petition it was alleged that the tract sued for was “a part of a certain one-acre lot sold by E. M. Calhoun to Vm. E. Jenkins, trustee of Mary A. Beynolds and her children.” Plaintiffs. alleged, “that the abstract of their title to said lot is the will of Elias C. Jenkins, on record in the office of ordinary, making W. E. Jenkins…
1Opinion of the CourtEish, C. J.
(After stating the facts.)
1, 2. Under the will of Elias C. Jenkins, the grandfather of the plaintiffs, the trust created was for the life-estate of their mother only, the remainder to her children being a vested legal remainder; for the estate in remainder was not conveyed to the trustee named in the will, and no duty in reference thereto was imposed upon him". Luquire v. Lee, 121 Ga. 624 (49 S. E. 834); Smith v. McWhorter, 123 Ga. 287 (51 S. E. 474, 107 Am. St. R. 85). As the trust was only for the life-estate, if the deed from Calhoun to the trustee, which was executed in 1869, had been in…
2Cases cited23 opinions
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Luquire v. LeeSupreme Court of Georgia · 1905
- Colquitt v. ThomasSupreme Court of Georgia · 1850
- Clarke v. East Atlanta Land Co.Supreme Court of Georgia · 1901
- Hollis v. LawtonSupreme Court of Georgia · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southeastern Pipe-Line Co. v. GarrettSupreme Court of Georgia · 1941
- Taliaferro v. CalhounSupreme Court of Georgia · 1912
- Macy v. HaysSupreme Court of Georgia · 1927
- Bentley v. BentleySupreme Court of Georgia · 1920
- Colagiovanni v. District Court of Sixth Judicial DistrictSupreme Court of Rhode Island · 1926
4 more not listed; retrieve them via the Exa API.