Phinizy v. Wallace
Supreme Court of Georgia
Equitable petition. Before Judge Brand. Clarke superior court. June 27, 1910. Harry H. Phinizy died testate on May 1, 1890. The first four items of his will, after providing for the payment of deb’ts, made certain specific legacies. The fifth item was as set out in the first headnote. The four nieces of the testator survived him and became of age. Two of them married, and one of them had a child born to her. The fathers, who were named as trastees, were in life.
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Equitable petition. Before Judge Brand. Clarke superior court. June 27, 1910. Harry H. Phinizy died testate on May 1, 1890. The first four items of his will, after providing for the payment of deb’ts, made certain specific legacies. The fifth item was as set out in the first headnote. The four nieces of the testator survived him and became of age. Two of them married, and one of them had a child born to her. The fathers, who were named as trastees, were in life. There were also brothers and sisters of the nieces. The four nieces filed, an equitable petition, claiming that they were joint…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) We have rarely seen so many perplexing provisions crowded into a single item of a will. We have found no will sufficiently like it to derive much aid from authorities in its construction. After certain special bequests had been made in other items, the fifth item dealt with the residue of the testator’s property. Its provisions, in the order in which they occur, may be thus summarized: (1) A devise *523and bequest to four named nieces of the testator, daughters of his three brothers and a sister, share and share alike. (2) The' appointment of the father of…
2Cases cited10 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Gavin v. CurtinIllinois Supreme Court · 1898
- Faulkner v. DavisSupreme Court of Virginia · 1868
- Richards v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cooney v. WaltonSupreme Court of Georgia · 1921
- Reynolds v. DolvinSupreme Court of Georgia · 1922
- Slappey v. ViningSupreme Court of Georgia · 1920
- Martin v. Citizens BankSupreme Court of Georgia · 1935
- McCoy v. OliveSupreme Court of Georgia · 1929
6 more not listed; retrieve them via the Exa API.