Patterson v. Patterson
Supreme Court of Georgia
Claim. Before Judge Searcy. Butts superior court. September 2, 1916. Jack L. Patterson, as the executor of Mary Jane Patterson, made application for leave to sell certain land as the property of the testator. Leave having been granted, he advertised the property for sale, and claim thereto was made by Mrs. Henrietta Patterson, the defendant in error. The case ivas heard upon an agreed statement of facts; and was submitted to the court without the intervention of a jury.
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Claim. Before Judge Searcy. Butts superior court. September 2, 1916. Jack L. Patterson, as the executor of Mary Jane Patterson, made application for leave to sell certain land as the property of the testator. Leave having been granted, he advertised the property for sale, and claim thereto was made by Mrs. Henrietta Patterson, the defendant in error. The case ivas heard upon an agreed statement of facts; and was submitted to the court without the intervention of a jury. The court adjudged the land to be the property of Mrs. Henrietta Patterson, and the executor excepted.
1Opinion of the CourtBeck, J.
Mary Jane Patterson was the daughter of Drewry S. Patterson, who died on January 27, 1887, leaving a will. After provision made for the payment of the testator’s debts, it was declared that the wife of the testator, Margaret Patterson, should have a life-estate in certain land, the property in controversy here, and that after the death of the wife the land referred to should “be the property of my [testator’s] daughter, Mary Jane Patterson. If the said Mary Jane Patterson should die without child or children, then the property or the proceeds of the same to be the property of my son, David W.…
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