Gibson v. Hardaway
Supreme Court of Georgia
Wills. Estates. Legacies. Before Judge POTTLE. Warren County. At Chambers, December 1, 1581. E. C. Hardaway died, leaving the following will: “ State of Georgia, — Warren County: In the name of God, Amen, I, Edw.
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Wills. Estates. Legacies. Before Judge POTTLE. Warren County. At Chambers, December 1, 1581. E. C. Hardaway died, leaving the following will: “ State of Georgia, — Warren County: In the name of God, Amen, I, Edw. Cody Hardaway, considering the uncertainty of mortal life, and being of sound mind and memory, deem it right and proper, both as regards myself and family, that I shall make a disposition of the estate with which a kind Providence has blessed me, do therefore make this my last will and testament, hereby revoking all others heretofore made by me, and divided as item six of this will…
1Opinion of the Court
Jackson, Chief Justice.
The decision in the syllabus, written out by myself, expresses the judgment of the court on the item in the will in controversy as clearly and succinctly as I am able to make it. The entire will reported above contains nothing going to show any intention tending to create an estate tail, and the opinion of Judge Pottle, also reported, is so full that it is deemed unnecessary to discuss the question at issue further. It may be added that, by our statute, before an estate tail can be held to be created by any words in a will, those words must show such intention in the…
2Cases cited4 opinions
- Cook v. WeaverSupreme Court of Georgia · 1852
- Burton v. BlackSupreme Court of Georgia · 1860
- Lessee of Miller v. HurtSupreme Court of Georgia · 1852
- Jones v. JonesSupreme Court of Georgia · 1856
3Cited by25 opinions
- Ewing v. ShropshireSupreme Court of Georgia · 1888
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Jenkins v. ShuftenSupreme Court of Georgia · 1950
- Moore v. CookSupreme Court of Georgia · 1922
- Matthews v. HudsonSupreme Court of Georgia · 1888
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