Lallerstedt v. Jennings
Supreme Court of Georgia
In Equity, from Lincoln Superior Court. Decision on demurrer, by Judge Thomas, at April Term, 1857. This was a bill filed by Lawrence D. Lallerstedt, administrator of Mary Shipp, deceased, widow of Mark Shipp. deceased, against the executors of said Mark Shipp, for an account of the estate of their testator, and for the payment of the share or interest therein, belonging to complainant’s, intestate, to her heirs at law.
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In Equity, from Lincoln Superior Court. Decision on demurrer, by Judge Thomas, at April Term, 1857. This was a bill filed by Lawrence D. Lallerstedt, administrator of Mary Shipp, deceased, widow of Mark Shipp. deceased, against the executors of said Mark Shipp, for an account of the estate of their testator, and for the payment of the share or interest therein, belonging to complainant’s, intestate, to her heirs at law. The defendants demurred to the bill, on the ground that» under the will of Mark Shipp, his widow, the said Mary» had no interest in his estate beyond her life, and upon her…
1Opinion of the Court
*573By the Court. —
Lumpkin, J.
delivering the opinion.
We acknowledge the obligation upon the Court to apply itself with all diligence to find out the meaning of the testator, in this as in every other will; and to give effect to the same, if it be practicable to do so. This Court has uniformly evinced its loyalty to this principle. And yet, after all, we area not without some misgiving that, in our anxiety to carry into execution, this testament, we have adopted an arbitrary construction; and in the language of Vice Chancellor Wigram, allowed “ conjectural interpretation to usurp the place of…
2Cited by6 opinions
- McDonald v. SuarezSupreme Court of Georgia · 1956
- People ex rel. Redman v. Board of TrusteesIllinois Supreme Court · 1918
- Butts v. Trust Company of GeorgiaSupreme Court of Georgia · 1953
- Darnell v. TateCourt of Appeals of Georgia · 1951
- Darnell v. TateCourt of Appeals of Georgia · 1951
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