Legal Opinion

Griswold v. Greer

Supreme Court of Georgia

Decided August 15, 1855No. 78PublishedCited by 16 opinions

In Equity, in Coweta Superior Court. Demurrer. Decided by Judge Bull, September Term, 1854. This bill was filed by Thomas R. and John Greer, and Thomas R. as the next friend of Sarah A. Greer, heirs of William D. Greer, deceased, against the plaintiffs in error..

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In Equity, in Coweta Superior Court. Demurrer. Decided by Judge Bull, September Term, 1854. This bill was filed by Thomas R. and John Greer, and Thomas R. as the next friend of Sarah A. Greer, heirs of William D. Greer, deceased, against the plaintiffs in error.. The bill alleges that Gilbert D. Greer died, having first made his last will and testament, in which were the following items r “Item 1st. After my decease, it is my desire that my body be decently buried ; that my funeral charges and just debts, shall be paid by my executor hereinafter named. Item 2d. It is my wish that my daughter,…

1Opinion of the Court

By the Court.

Starnes, J.

delivering the opinion.

[1.] The defendants in error are entitled to the relief which 'they seek, although, in the use of the words which he has employed, the testator may have looked to an indefinite failure of issue in the line of his daughter, Mary. W. Hill.

The words material to be considered, in the fourth clause of the will are, “if my said daughter should at that time be dead” (the period of his wife’s death, to whom he had given a life estate in the property,) “ without issue, or afteiwards die leaving no issue, then, and in either of said events, it is my desire…

2Cases cited1 opinion

  1. Harris v. SmithSupreme Court of Georgia · 1855

3Cited by16 opinions

  1. Glover v. CondellIllinois Supreme Court · 1896
  2. Hertz v. AbrahamsSupreme Court of Georgia · 1900
  3. Harris v. McDonaldSupreme Court of Georgia · 1921
  4. Kollock v. WebbSupreme Court of Georgia · 1901
  5. Fleming v. HughesSupreme Court of Georgia · 1896

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