Smith v. McWhorter
Supreme Court of Georgia
Complaint for land. Before Judge Holden. Oglethorpe superior court. October 18, 1904 On September 2, 1869, Sarah Finch made to John F. Smith a deed to certain land in Oglethorpe county known as the “William Finch tract,” the consideration expressed in the instrument being the natural love and affection which the grantor had for his wife, Mary A. Smith, and their children, as well as the sum of five dollars in hand paid by John F. Smith.
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Complaint for land. Before Judge Holden. Oglethorpe superior court. October 18, 1904 On September 2, 1869, Sarah Finch made to John F. Smith a deed to certain land in Oglethorpe county known as the “William Finch tract,” the consideration expressed in the instrument being the natural love and affection which the grantor had for his wife, Mary A. Smith, and their children, as well as the sum of five dollars in hand paid by John F. Smith. By this conveyance Sarah Finch granted the premises described “unto the said John F. Smith, for the use, benefit, and advantage, in trust for said Mary A.…
1Opinion of the CourtEvans, J.
(After stating the facts,) 1. The rights of the parties in the present litigation very largely, if not entirely, depend on the construction of the deed from Sarah Finch to John F. Smith, trustee, executed on the 2d day of September, 1869. A copy of this deed appears in the statement of facts. At the *290time the deed was made, Mary A.'Smith, the life-tenant, was an adult. The practical question is, whether, by the terms of this deed, a trust estate was created for the life-tenant and the remaindermen, executory at least until the death of the life-tenant; or was the trust limited to the…
2Cases cited22 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Knorr v. RaymondSupreme Court of Georgia · 1885
- Fleming v. HughesSupreme Court of Georgia · 1896
- Luquire v. LeeSupreme Court of Georgia · 1905
- Ford v. CookSupreme Court of Georgia · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Garbutt v. MayoSupreme Court of Georgia · 1907
- Burton v. PattonSupreme Court of Georgia · 1926
- Watts v. BootheSupreme Court of Georgia · 1918
- Seaboard Air-Line Railway Co. v. HollidaySupreme Court of Georgia · 1927
- Hicks v. WebbSupreme Court of Georgia · 1906
15 more not listed; retrieve them via the Exa API.