Matthews v. Hudson
Supreme Court of Georgia
Wills. Estates. Devises. Remainders. Before Judge Hines. Jefferson superior court. November adjourned term, 1887. A bill was filed by a son of J. C. Hudson, a son and heir at law of Elizabeth Matthews (who is dead), and a son and heir at law of Sarah Whigham (who is dead), against J. C. Hudson, J. J. Milton and A. C. Taylor, alleging that complainants were grandchildren of Penny Hudson, who died testate in April, 1854; that by her will, which was probated in solemn form,…
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Wills. Estates. Devises. Remainders. Before Judge Hines. Jefferson superior court. November adjourned term, 1887. A bill was filed by a son of J. C. Hudson, a son and heir at law of Elizabeth Matthews (who is dead), and a son and heir at law of Sarah Whigham (who is dead), against J. C. Hudson, J. J. Milton and A. C. Taylor, alleging that complainants were grandchildren of Penny Hudson, who died testate in April, 1854; that by her will, which was probated in solemn form, Moses Brinson and J. C. Hudson were appointed executors and duly qualified as such; that the testatrix left surviving her,…
1Opinion of the Court
Bleckley, Chief Justice.
The will does not expressly limit the son’s interest, as beneficiary, to his life, nor is anything appointed for the trustee to do except to sell, distribute the proceeds and pay them over to another trustee in case of the son’s death without child or children. No power of sale or management is conferred on the trustee, to be exer*124cisecl during the life of the son, and the trust was to become active in the one event only, that is, death without child or children. The devise, legally speaking, as to the measure of the estate taken by the son, is not materially different…
2Cases cited5 opinions
- Gibson v. HardawaySupreme Court of Georgia · 1882
- Harris v. SmithSupreme Court of Georgia · 1855
- Hill v. AlfordSupreme Court of Georgia · 1872
- Wetter v. United Hydraulic Cotton Press Co.Supreme Court of Georgia · 1886
- Groce v. RittenberrySupreme Court of Georgia · 1853
3Cited by22 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Jossey v. BrownSupreme Court of Georgia · 1904
- Guess v. MorganSupreme Court of Georgia · 1943
- Jenkins v. ShuftenSupreme Court of Georgia · 1950
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