Fears v. Brooks
Supreme Court of Georgia
In Equity, in Troup Superior Court. Tried before Judge Hill, ' June Term, 1852. This case arose out of the following state of facts: In 1847, Andrew Hall made his will, in which, after sundry bequests, he directs that the residue of his estate be equally divided among his nine children ; the shares of his daughters “ to be paid over by. my executors to the trustee hereafter appointed, for their use.”
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In Equity, in Troup Superior Court. Tried before Judge Hill, ' June Term, 1852. This case arose out of the following state of facts: In 1847, Andrew Hall made his will, in which, after sundry bequests, he directs that the residue of his estate be equally divided among his nine children ; the shares of his daughters “ to be paid over by. my executors to the trustee hereafter appointed, for their use.” The seventh item of the will was as follows : “I hereby nominate and appoint my friend, Oliver P. Fears, of this County, to be the trustee for my daughters, (naming them) to receive from, and…
1Opinion of the Court
By the. Court.
Nisret, J.
delivering the opinion.
Whether the demurrer to the bill ought to be sustained or hot, depends upon two questions.
*197First — Does the will create a separate estate in the testator’s daughter? If it does not, upon her marriage, the property left to her, vested in her husband by the marital right, and his assignment of it to Brooks, the complainant, was good.
Second — If the will creates a separate estate in the daughter, does it at the same time restrain her power of alienation ? If it does not, as she joined with her husband in the assignment to Brooks, his title is good,…
2Cited by10 opinions
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- Fleming v. HughesSupreme Court of Georgia · 1896
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Parker v. Barnesville Savings BankSupreme Court of Georgia · 1899
- Garner v. LankfordSupreme Court of Georgia · 1917
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