Graybill v. Warren
Supreme Court of Georgia
In Equity, in Hancock Superior Court. Demurrer, decided by Judge Sayre, April Term, 1848. At the October Term, 1847, of the Superior Court of Hancock •county, Jesse T. Warren, defendant in error, filed his bill in Equity vs. John Graybill and Jesse G. Butts, plaintiffs in error.
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In Equity, in Hancock Superior Court. Demurrer, decided by Judge Sayre, April Term, 1848. At the October Term, 1847, of the Superior Court of Hancock •county, Jesse T. Warren, defendant in error, filed his bill in Equity vs. John Graybill and Jesse G. Butts, plaintiffs in error. The said bill alleges, that in the year 1832, one Jeremiah Warren, of said county, died, leaving a will, the 7th item of which reads as follows : “I give to Jesse T. Warren, son of Jesse Warren, deceased, one negro boy, named Mat, which negro is not to go into his possession until he arrives at full age — twenty-one.”…
1Opinion of the Court
By the Court.
Nisbet J.,
delivering the opinion.
[1.] It is conceded by both sides, that the bequest of the slave Mat, is a specific legacy. The controversy is about a part of the hire during the minority of the legatee. The defendant in error, who is also the legatee, claims that specific legacies, whether the payment is postponed or not, if in money, bear interest from the death of the testator; and if in property which is productive, the profits thereon, belong to the legatee from that period. On the other hand, the plaintiff in error, who is the executor to the will, insists that if the…
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