Legal Opinion

Morrison v. Solomon

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 1 opinion

Estates. Husband and wife. New trial. Jurisdiction. Waiver. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. James J. Morrison, by marriage settlement, settled certain ¡real estate on his wife, Hattie H. Morrison, with remainder to her children; and if no children, then over, etc., with full power in the wife to appoint a trustee at her discretion, and with full power to sell and reinvest.

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Estates. Husband and wife. New trial. Jurisdiction. Waiver. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. James J. Morrison, by marriage settlement, settled certain ¡real estate on his wife, Hattie H. Morrison, with remainder to her children; and if no children, then over, etc., with full power in the wife to appoint a trustee at her discretion, and with full power to sell and reinvest. The wife appointed her husband trustee, and being desirous ©f raising money with which to buy and improve real’ estate in Atlanta, she and her trustee made a negotiable note, secured by…

1Opinion of the Court

McUay, Judge.

1. So far as the life estate of Mrs. Morrison in the property covered by this trust is concerned, the deed puts no limitation upon her power of disposal. A separate estate in the wife is as completely within her power, when there is no restriction in the deed, as is the estate of any one else in his power. *207Our law prohibits a married woman making certain contracts for the benefit of her husband, but with this limitation, a married woman may deal with her estate held in trust for her, where there is no restriction in the deed, as a feme sole. The -rights of the remaindermen is…

2Cited by1 opinion

  1. Tift & Co. v. MayoSupreme Court of Georgia · 1878

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