Ezell v. Head
Supreme Court of Georgia
Petition for direction, etc. Before Judge Hart. Morgan superior court. September term, 1895. John Orr, administrator witb tbe will annexed of James Plead, filed bis petition for direction as to tbe administration of tbe assets of tbe estate. Miss Mary D. Head'and others, legatees, were parties defendant. Tbe case was submitted 'to tbe judge without a jury, and was decided upon tbe facts appearing and admitted in tbe petition and answers.
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Petition for direction, etc. Before Judge Hart. Morgan superior court. September term, 1895. John Orr, administrator witb tbe will annexed of James Plead, filed bis petition for direction as to tbe administration of tbe assets of tbe estate. Miss Mary D. Head'and others, legatees, were parties defendant. Tbe case was submitted 'to tbe judge without a jury, and was decided upon tbe facts appearing and admitted in tbe petition and answers. Tbe judge held: (1) That Mrs. Sarab Ezell, wife of John Ezell, bad received from tbe estate of tbe testator property to tbe value of $950, witb wbicb sbe was…
1Opinion of the Court
Atkinson, Justice.
The one great object to be attained in the construction of wills is to give effect to the intention of the testator as manifested in the testamentary scheme outlined -therein. In order to ascertain his intention, it is proper to look to the ■circumstances surrounding him at the time of the execution of the will, the nature and character of the various prop■erties disposed of by him, to the objects of his bounty, and as well to the manner in which and the means by which his wishes with respect to his property 'are to be carried into effect. A careful examination of the will…
2Cases cited2 opinions
- Tennille v. PhelpsSupreme Court of Georgia · 1873
- Kelly v. . McCallumSupreme Court of North Carolina · 1880
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- Shoup v. WilliamsSupreme Court of Georgia · 1919
- Bailes v. HalseySupreme Court of Georgia · 1934
- Hart v. BrownSupreme Court of Georgia · 1916
- Adams v. BishopSupreme Court of Georgia · 1927
- Jarrell v. VincentSupreme Court of Georgia · 1900