Lessee of Miller v. Hurt
Supreme Court of Georgia
Ejectment, in Baldwin Superior Court. Tried before Judge Johnson. August Term, 1852. The lessee of the plaintiff in this case, claimed the premises in dispute, as the surviving executor of the last will of Charles S. Hurt, deceased, and also, in another count, as trustee under the said will. The defendant claimed, as the widow and administratrix of Spencer Hurt, deceased.
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Ejectment, in Baldwin Superior Court. Tried before Judge Johnson. August Term, 1852. The lessee of the plaintiff in this case, claimed the premises in dispute, as the surviving executor of the last will of Charles S. Hurt, deceased, and also, in another count, as trustee under the said will. The defendant claimed, as the widow and administratrix of Spencer Hurt, deceased. Upon the trial, the parties agreed upon the facts, and submitted°to the Court the questions of law in the case, all of which arose upon the will of Charles S. Hurt, deceased. The fourth item of that will was as follows: “ I…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
*359[1.] The sole question arising upon this record is, whether Spencer Hurt took an estate in foe tail, in the premises in dispute, under the will of Charles S. Hurt, deceased ? If so, then the plaintiff in ejectment is not entitled to recover.
The main clause in the will, on which the case turns, is in the following words : “ I give and devise to my trusty friend, Andrew J. Miller, as trustee of the property herein devised and bequeathed, for the use of my nephew, Spencer Hurt, during his natural life, and his children that he may have by his…
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- Shoup v. WilliamsSupreme Court of Georgia · 1919
- Wilkerson v. ClarkSupreme Court of Georgia · 1888
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