Carswell v. Schley
Supreme Court of Georgia
Estates. Husband and wife. Administrators and executors. Distribution. Equity. Parties. Before J udge Gibson. Burke Superior Court.
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Estates. Husband and wife. Administrators and executors. Distribution. Equity. Parties. Before J udge Gibson. Burke Superior Court. November Adjourned Term, 1874. Henry J. Schley, in right of his wife, and Baldwin B. Miller, filed their bill against John W. Carswell as executor of Baldwin B. Miller, deceased, Sarah Dowse and husband, Gideon Dowse, and Robert J. Morrison, making, in substance, the following case: ; The testator, Baldwin B. Miller, intermarried with Rosina S. Morrison on October 29th, 1827, and complainants, Francis V. Miller, now Schley, and Baldwin B. Miller, were the only…
1Opinion of the Court
Bleckley, Judge.
The true intention of the parties is to be sought for. That is the end of all construction.
The children of the former marriage were already provided for. Each of them had a share of the Morrison estate equal to that which came to Mrs. Morrison, the mother. In anticipation of a second marriage, she wished to provide for the possible offspring of that marriage, securing to herself, in the corpus, mere equality with each future child. The income which might accrue during the joint lives of herself and her intended husband she wished to go to the latter for their mutual enjoyment.…
2Cited by6 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Davis v. HollingsworthSupreme Court of Georgia · 1901
- Williams v. StudstillSupreme Court of Georgia · 1983
- Mason v. YoungSupreme Court of Georgia · 1947
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