Cook v. Weaver
Supreme Court of Georgia
Trover, in Upson Superior Court. Tried before Judge Stark, May Term, 1852. This was an action of trover, brought by George W. Cook, against Travis A. D. Weaver, for the recovery of a negro man slave named Ben.
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Trover, in Upson Superior Court. Tried before Judge Stark, May Term, 1852. This was an action of trover, brought by George W. Cook, against Travis A. D. Weaver, for the recovery of a negro man slave named Ben. On the trial, the plaintiff read in evidence the last will and testament of Samuel Coolc, admitted to probate in the Court of Ordinary of Jones County, on the 1st day of September, 1828, which “ will” contained the following clauses : “ My will is, my wile Sarah E. Cook, after my death, shall have two negroes, Amy and Ben, during her life; and after her death, to go to my youngest son,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The proper construction of this will is not free from doubt or difficulty, that is, whether Samuel Cook, the testator, intended his wife Sarah E. Cook, to have the two negroes, Amy and Ben, during the term of her natural life, oi for her widowhood only. This is the only question for our consideration.
Take separate clauses in the will, and a plausible, not to say a probable interpretation, may be deduced in favor of either view of it. For instance, suppose we wish to establish that he intended his widow to have this property .during her…
2Cited by33 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Rosenberg v. FrankCalifornia Supreme Court · 1881
- Blakeman v. HarwellSupreme Court of Georgia · 1944
- Comer v. Citizens & Southern National BankSupreme Court of Georgia · 1935
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
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