Woodruff v. Woodruff
Supreme Court of Georgia
Bill in equity, in Newton Superior Court, and decision on demurrer, by Judge E. G. Cabanxss, at Chambers, -on the 18th of October, 1860. James M. Woodruff, George W. Woodruff, and Reuben T. Woodruff, exhibited their bill in equity, returnable to the September Term, 1860, of Newton Superior Court, against their mother, Frances Woodruff^ alleging that James Rose-berry, the grand father of the complainants, died in said county of Newton, leaving in full force a will, which was…
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Bill in equity, in Newton Superior Court, and decision on demurrer, by Judge E. G. Cabanxss, at Chambers, -on the 18th of October, 1860. James M. Woodruff, George W. Woodruff, and Reuben T. Woodruff, exhibited their bill in equity, returnable to the September Term, 1860, of Newton Superior Court, against their mother, Frances Woodruff^ alleging that James Rose-berry, the grand father of the complainants, died in said county of Newton, leaving in full force a will, which was duly proved and recorded ; that in and by said will the testator, after some, specific legacies directed that certain…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
The questions for the consideration of the Court in this case are, whether, under the will .of James Roseberry, the defendant took any interest in certain property now in the possession of their mother, the plaintiff in error, and if so, what interest ?
The bequest ivas of certain slaves “ to John N. Williamson, in trust for my daughter, Frances Woodruff, and her heirs, bom and to be born.”
*360It is conceded that at the time of the making of said testament the defendants in error were in esse, and that since that time other children have been bom to…
2Cases cited1 opinion
- Goss v. EberhartSupreme Court of Georgia · 1859
3Cited by2 opinions
- In re BartlesNew Jersey Court of Chancery · 1880
- Burges v. ThompsonSupreme Court of Rhode Island · 1882