Phinizy v. Few
Supreme Court of Georgia
Assumpsit, &c. in Clark Superior Court. Tried before' Judge Jackson, February Term, 1855. The following items appeared in the will of Thomas Carr^ deceased: 9th. I give and bequeath unto my son, William A. Carr, and Col. Nicholas Ware, in trust, (who I hereby constitute and appoint trustees for the purposes herein named,) the following negroes, for the sole use, benefit and behoof of my daughter, Selina A. Eew, wife of Col.
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Assumpsit, &c. in Clark Superior Court. Tried before' Judge Jackson, February Term, 1855. The following items appeared in the will of Thomas Carr^ deceased: 9th. I give and bequeath unto my son, William A. Carr, and Col. Nicholas Ware, in trust, (who I hereby constitute and appoint trustees for the purposes herein named,) the following negroes, for the sole use, benefit and behoof of my daughter, Selina A. Eew, wife of Col. Ignatius A. Eew, viz: Lett and her children, Sarah, Lancaster, and Cornelia; also Ben and his wife Else, with their future increase; these negroes to be hired out, and the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in holding, and so charging the •Jury, that the claim of the executory devisees, under the will of Thomas Carr, deceased, attached only on the original property bequeathed in the will; and that unless the property in question was a portion of the indenlical corpus bequeathed in the will of Thomas Carr, Mrs. Pew had a right to convey, free from the executory devise ?
That the executory devisees might maintain an action against Mrs. Pew for the waste of this trust property, we have no doubt. But is this their only remedy ?…
2Cited by6 opinions
- Jossey v. BrownSupreme Court of Georgia · 1904
- Donalson v. ThomasonSupreme Court of Georgia · 1912
- Mackey v. BowlesSupreme Court of Georgia · 1896
- Archer v. KelleySupreme Court of Georgia · 1942
- Planters' Bank v. PraterSupreme Court of Georgia · 1880
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