Overby v. Scarborough
Supreme Court of Georgia
Ejectment. Before Judge Kent. Laurens superior court. July 27, 1915. John D. Overby and others, the only children and heirs at law cf Jennie G-. Overby, the last-named being the daughter of John T. Duncan and Elizabeth S. Duncan, brought ejectment against I. O. Scarborough.
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Ejectment. Before Judge Kent. Laurens superior court. July 27, 1915. John D. Overby and others, the only children and heirs at law cf Jennie G-. Overby, the last-named being the daughter of John T. Duncan and Elizabeth S. Duncan, brought ejectment against I. O. Scarborough. Upon the trial the case was submitted to the court, without the intervention of a jury, upon an agreed statement of facts, which contained in substance the following: The plaintiffs and defendant claim under William McLendon, who, on September 26, 1866, being the owner of the land in controversy, executed to John T. Duncan…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The estate granted is to J. T. Duncan in trust for his "wife Elizabeth for life, and on her decease to J. T. Duncan in trust for any future wife he may have, and on her decease to all of the children of J. T. Duncan. The present estate created by the deed is a life-estate in Elizabeth, with a remainder over to any future wife for life of J. T. Duncan, and further remainder on the death of the latter to all of the children of J. T. Duncan. The question is the proper construction of this déed, and particularly whether it violates the rule against…
2Cases cited1 opinion
- O'Byrne v. FeeleySupreme Court of Georgia · 1878
3Cited by10 opinions
- Lumpkin v. PattersonSupreme Court of Georgia · 1930
- Lanier v. LanierSupreme Court of Georgia · 1962
- Smith v. FrancisSupreme Court of Georgia · 1965
- Shewmake v. RobinsonSupreme Court of Georgia · 1918
- Citizens & Southern National Bank v. HowellSupreme Court of Georgia · 1938
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