Bank of Statesboro v. Simmons

Per Quriam.

The Justices of this court are divided in opinion upon the controlling questions in this case. The following represents the views of the majority. We are of the opinion that the court properly directed the verdict for the plaintiff. It is not controverted that the principal sum sued for, $5893.67, constituted items of the indebtedness of R. Simmons, the testator, prior to the time of his death. His estate was solvent. The legacies devised and bequeathed in item 5 of the will to Mary Elizabeth Simmons were specific legacies. The first devise is of certain lands; the.second is…