Legal Opinion

Harison v. Jones

Supreme Court of Georgia

Decided April 8, 1889Published

Title. Estates. Remainders. Words and phrases. Before Judge Adams. Chatham superior court. June term, 1888. On June 28,1842, a marriage settlement was executed by Sarah Eenwick Jones of the first part, Robt. H. Gar-diner, Jr., of the second part, and Geo. Jones and Geo. J. Kollock of the third part, conveying the property of Sarah Eenwick Jones (describing it) to Geo. Jones and Geo.

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Title. Estates. Remainders. Words and phrases. Before Judge Adams. Chatham superior court. June term, 1888. On June 28,1842, a marriage settlement was executed by Sarah Eenwick Jones of the first part, Robt. H. Gar-diner, Jr., of the second part, and Geo. Jones and Geo. J. Kollock of the third part, conveying the property of Sarah Eenwick Jones (describing it) to Geo. Jones and Geo. J. Kollock, “ and the survivor of them, his heirs, executors, administrators or assigns,” upon the following trusts: “ To and for the sole and separate use of the said Sarah Fenwick Jones for and during the term…

1Opinion of the Court

Bleckley, Chief Justice.

The instrument presented for our construction is an ante-nuptial settlement in trust, executed in 1842. The conveyance embraced both realty and personalty, but realty alone is involved in the present controversy. The literal terms of the instrument aj>pear in the official report. So far as now material, the trusts created were substantially as follows: .First, for the separate use of the wife during her life; secondly, then for the use of the husband during his life; thirdly, then for the use of the children, if any, in fee ; and fourthly, if no children, then and in…

2Cases cited3 opinions

  1. Dove v. TorrMassachusetts Supreme Judicial Court · 1879
  2. Minot v. TappanMassachusetts Supreme Judicial Court · 1877
  3. Haddock v. PerhamSupreme Court of Georgia · 1883

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