Burch v. Burch
Supreme Court of Georgia
In Equity, in Elbert Superior Court. Decision by Judge James Thomas, September Term, 1856. By the will of William S. Burch, upon the marriage of his wife, he ordered-his estate to be sold by his executors; and one-third part of the money arising from this sale he “ willed and bequeathed to be equally divided between his brothers and sisters, viz: Thomas Burch, Benjamin Burch, Maza Burch, John Burch, Gheadle Burch, Polly Johnson, Jenney Divine, Hannah C. Purkins and Sarah…
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In Equity, in Elbert Superior Court. Decision by Judge James Thomas, September Term, 1856. By the will of William S. Burch, upon the marriage of his wife, he ordered-his estate to be sold by his executors; and one-third part of the money arising from this sale he “ willed and bequeathed to be equally divided between his brothers and sisters, viz: Thomas Burch, Benjamin Burch, Maza Burch, John Burch, Gheadle Burch, Polly Johnson, Jenney Divine, Hannah C. Purkins and Sarah Kesee — and is to them, my said brothers and sisters, share and share alike, forever; but if either of my said brothers or…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The testator lent to his wife the whole of his estate, both real and persona], during her natural life or widowhood. The wife never married; she died in July, 1855. The will was made in 1817. The testator died in January, 1822. He declared in his will, that “ in case my wife Elizabeth should ■not marry, then and in that case my will is, at her death, the whole of my estate, real and personal, be sold, and the moneys arising from the same he put into three equal shares.” Again, he says, (after making a final disposition of one-third of the moneys…
2Cited by1 opinion
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