Furr v. Burns
Supreme Court of Georgia
Complaint for land. Before Judge Kimsey; Habersham superior court.. March 8, 1905. J. K. Burns and others brought their suit to recover of W. P. Furr a certain house and lot situated in the town of Clarkesville. Their petition alleged as follows: ’ The lot sued for was known as the Charles Deas place. For a long time prior to 1873 he owned it and lived on it; and in that year he died on it.
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Complaint for land. Before Judge Kimsey; Habersham superior court.. March 8, 1905. J. K. Burns and others brought their suit to recover of W. P. Furr a certain house and lot situated in the town of Clarkesville. Their petition alleged as follows: ’ The lot sued for was known as the Charles Deas place. For a long time prior to 1873 he owned it and lived on it; and in that year he died on it. In 1873 he made his last will, the third item of which was as follows: “I give, devise, and bequeath to my executor hereinafter named, for the use, benefit, and advantage of my wife, Amanda, during natural…
1Opinion of the CourtCandler, J.
(After stating the foregoing facts.) 1. The devise was to the testator’s wife for life, with remainder to four persons, with the provision that if one or more of them should be dead at the time of the death of the life-tenant, their children were to take such parts as their parents would have taken if alive. It was alleged that at the time when the will was made, three of the remaindermen had been gone and unheard of for more than seven years, and that no one knows whether they are dead or'alive, and, if dead, whether any children survive them, they having been unheard of for more than thirty…
2Cases cited1 opinion
- Gunter v. MooneySupreme Court of Georgia · 1883
3Cited by13 opinions
- Martin v. HensonCourt of Appeals of Georgia · 1957
- Welch v. All PersonsMontana Supreme Court · 1927
- Midland Properties Co. v. FarmerCourt of Appeals of Georgia · 1959
- Butler v. City of DublinSupreme Court of Georgia · 1941
- Forrester v. EdwardsSupreme Court of Georgia · 1941
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