Payne v. Rosser
Supreme Court of Georgia
Administrators and executors. Estates. Eemainders. Ex-ecutory devise. Wills. Distribution. . Before Judge Hall. Eockdale Superior Court. October Term, 1874. This case-is sufficiently reported in the above head-notes.
1Opinion of the Court
Trippe, Judge.
1. The question was not raised whether, under the terms of the will, these great nephews and nieces of testator took at all — that is, whether or not the limitation over to them was void. All parties concede that they did take, and the question made was did they take an interest that was transmissible to their heirs, where one of them, as did Thomas, died in 1860, several years before the death of Mary, when the executory devise fell into possession: See the construction given to this will in 18 Georgia, 545; also see 16 Ibid., 545, and 30 Ibid., 976. Under those decisions, John…
2Cases cited1 opinion
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
3Cited by8 opinions
- Hertz v. AbrahamsSupreme Court of Georgia · 1900
- Jossey v. BrownSupreme Court of Georgia · 1904
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Bryant v. GreenSupreme Court of Georgia · 1938
- MacGregor v. RouxSupreme Court of Georgia · 1944
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