Kemp v. Daniel
Supreme Court of Georgia
In Equity, in Scriven Superior Court. Decision by Judge Holt, October Term, 1849. By the last will of Bates Bailey, he desired that his wife and son, and all his property, should remain on his farm until the 1st of August, 1830 — after which time, he bequeathed to his son all of his lands and negroes, &c. “ except four negroes, which is here mentioned, to my daughter, Celia Rosamond Powell.
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In Equity, in Scriven Superior Court. Decision by Judge Holt, October Term, 1849. By the last will of Bates Bailey, he desired that his wife and son, and all his property, should remain on his farm until the 1st of August, 1830 — after which time, he bequeathed to his son all of his lands and negroes, &c. “ except four negroes, which is here mentioned, to my daughter, Celia Rosamond Powell. I give and bequeath to the heirs of her body, the following named .negroes, viz: Hannah, Alex, Screen and Dick. Should she have no heirs from her body, she is to have the use of said negroes her life-time,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion,
[1.] The only question for our judgment, made by tho record in this case, Is the proper construction to be given to that clause of Bates Bailey^s will, which relates to tho bequest to bis daughter, Celia Rosamond Powell.
The testator first directs that all bis property shall be kept together, until the first of August, 1830.
After making a bequest to his son, John Bourbon Bailey, the testator made the following bequest: “To my daughter, Celia Rosamond Powell, I give and bequeath, and to the heirs of her body, the following named negroes, to-wit:…
2Cited by3 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Sharman v. JacksonSupreme Court of Georgia · 1860