Thomas v. Owens
Supreme Court of Georgia
Petition for direction. Before Judge Cann.' Chatham superior court. February 2, 1907. Margaret W. Thomas, as executrix of Mary W. Owens and individually, and Mary B. Thomas and Margaret G. Thomas, daughters óf Margaret W. Thomas, brought their petition against George W. Owens, executor, and certain other defendants named as legatees in the will of Mary W. Owens, praying a construction of the will and codicil of Mary W. Owens, and asking for direction.
Read the full summary
Petition for direction. Before Judge Cann.' Chatham superior court. February 2, 1907. Margaret W. Thomas, as executrix of Mary W. Owens and individually, and Mary B. Thomas and Margaret G. Thomas, daughters óf Margaret W. Thomas, brought their petition against George W. Owens, executor, and certain other defendants named as legatees in the will of Mary W. Owens, praying a construction of the will and codicil of Mary W. Owens, and asking for direction. The headnote contains a copy of the material parts of the will and codicil attached to the petition. The several defendants answered. By…
1Opinion of the CourtAtkinson, J.
(After stating the facts.)
This is an equitable petition for the construction of the will of the late Mary W. Owens. As has often been observed, every will is a thing to itself, and in the construction of a will it is the duty of the court to diligently seek the intention of the testator, and give it effect where no rule of law is violated. This cardinal rule of construction is the statute law of this State. Civil Code, §3324. The testatrix made her will and thereafter executed a codicil. It is an established rule not to disturb the dispositions of the will further than is absolutely necessary…
2Cases cited13 opinions
- Craig v. AmbroseSupreme Court of Georgia · 1887
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Luquire v. LeeSupreme Court of Georgia · 1905
- West v. RandleSupreme Court of Georgia · 1887
- Crawford v. ClarkSupreme Court of Georgia · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Calbeck v. HerringtonSupreme Court of Georgia · 1930
- Armstrong v. CommissionerUnited States Tax Court · 1943
- Gilmore v. GilmoreSupreme Court of Georgia · 1944
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Crumley v. ScalesSupreme Court of Georgia · 1910
37 more not listed; retrieve them via the Exa API.