Milledge v. Bryan
Supreme Court of Georgia
Trusts. ' Equity. Proohein ami. Gazaway L. Milledge brought ejectment against Jane Bryan to recover an undivided fifth of certain lands situated in Chat-ham county. The defendant pleaded, 1st. Not guilty. 2d.
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Trusts. ' Equity. Proohein ami. Gazaway L. Milledge brought ejectment against Jane Bryan to recover an undivided fifth of certain lands situated in Chat-ham county. The defendant pleaded, 1st. Not guilty. 2d. That the suit, though having for its object the enforcement of rights which accrued prior to June 1st, 1865, was not brought until after January 1st, 1870. The following is an abstract of the evidence for the plaintiff: 1st. A trust deed from Mary Milledge to John W. Anderson, Francis S. Bartow, and Charles A. L. Lamar, dated February 16, 1853, whereby she conveyed to them certain lands…
1Opinion of the Court
Trippe, Judge.
1. The question in this case which determines it and settles the other issues- presented is, whether the children of Mrs. Catharine Milledge, at the death of Mary Milledge, the grantor, took an equitable or a legal estate in the property mentioned in the deed. Did the trust continue as to them, or was it determined ? Or, in the language generally used in the authorities, was the trust executed at the death of the grantor? If the trust became an executed or determined trust at that time, as to the children, their interest or right, which then first accrued, or rather vested in…
2Cited by15 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Fleming v. HughesSupreme Court of Georgia · 1896
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
- Webb v. HicksSupreme Court of Georgia · 1903
- Smith v. McWhorterSupreme Court of Georgia · 1905
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