Boykin v. Bradley
Supreme Court of Georgia
1Opinion of the Court
Jenkins, Justice.
Provisions which are restrictive of what would ordinarily otherwise be a lawful right to sell property, not being favored, will not be extended by construction further than as is clearly restricted by the terms of the instrument. Accordingly, a provision in a will that certain property “be kept' together in the family and . . never disposed of until my youngest grandchild shall reach the age of majority” should, under the foregoing principle and irrespective of any question of the application of the rule against perpetuities (see in that connection Code, §§ 85-707, 85-801;…
2Cases cited6 opinions
- Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
- Murphy v. JohnstonSupreme Court of Georgia · 1940
- Simpson v. CookSupreme Court of Minnesota · 1877
- In re the application for probate of the will of SandsNew York Surrogate's Court · 1888
- In re the Estate of FellionNew York Surrogate's Court · 1928
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Linkous v. National Bank of GeorgiaSupreme Court of Georgia · 1981
- Linkous v. National Bank of GeorgiaSupreme Court of Georgia · 1981
- Lufburrow v. WilliamsCourt of Appeals of Georgia · 1979