Tennille v. Phelps
Supreme Court of Georgia
Wills. Legacies. Lucy Phelps and Fannie Phelps, by their next friend, David Phelps, Nathan Belton, Mary F. Howard, formerly Belton, and Frank Armstrong and Hewitt Armstrong, by their next friend, S. D. Belton, filed their bill against William M. Tennille, Delaware Morris, administrator, cum testamento annexe, of Lucy M. Tennille, John F. Webb, one of the securities of the administrator, and William Harrison and Theodore L. Guerry, executors of James Harrison, deceased, the…
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Wills. Legacies. Lucy Phelps and Fannie Phelps, by their next friend, David Phelps, Nathan Belton, Mary F. Howard, formerly Belton, and Frank Armstrong and Hewitt Armstrong, by their next friend, S. D. Belton, filed their bill against William M. Tennille, Delaware Morris, administrator, cum testamento annexe, of Lucy M. Tennille, John F. Webb, one of the securities of the administrator, and William Harrison and Theodore L. Guerry, executors of James Harrison, deceased, the other security, making substantial^ the following case: Lucy M. Tennille died in 1864, leaving a will, the only material…
1Opinion of the Court
McCay, Judge.
The real question in this case is, what is the meaning of Mrs. Tennille’s will, as respects the rights of the legatees filing the bill? Were the legacies given to them money legacies? Were the directions to pay them out of the profits of the plantation only directory and demonstrative ? Or were they, in the nature of specific legacies, not payable at all if the fund provided should fail? The Court below held the former. Was that error?
In the construction of wills, the great thing to be sought for is the intention of the testator. The whole will is to be looked to, and all its…
2Cited by7 opinions
- Tinsley v. MaddoxSupreme Court of Georgia · 1933
- Thomas v. KingSupreme Court of Georgia · 1936
- Armistead v. Trust Co.Supreme Court of Georgia · 1935
- Ezell v. HeadSupreme Court of Georgia · 1896
- Hart v. BrownSupreme Court of Georgia · 1916
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