Williams v. Whittle
Supreme Court of Georgia
Administrators and executors. Wills. Legacies. Before Judge Buchanan. Monroe Superior Court. August Term, 1873. Whittle, as executor of Margaret Cotton, filed his bill against Williams, as administrator, de bonis non cum testamento annexo, of John Cotton, making the following case : On July 2d, 1870, John Cotton executed his will, by the first item of which he gave to his wife, Margaret Cotton, all his property, real and personal, with certain exceptions mentioned in other…
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Administrators and executors. Wills. Legacies. Before Judge Buchanan. Monroe Superior Court. August Term, 1873. Whittle, as executor of Margaret Cotton, filed his bill against Williams, as administrator, de bonis non cum testamento annexo, of John Cotton, making the following case : On July 2d, 1870, John Cotton executed his will, by the first item of which he gave to his wife, Margaret Cotton, all his property, real and personal, with certain exceptions mentioned in other items, during her natural life. By the third item he bequeathed to Peter Jones, in trust for certain slaves, two lots of…
1Opinion of the Court
Trippe, Judge.
The general rule is undisputed that a lapsed or void leg my falls into the residuum and passes to the residuary legatee. This is universally so, unless there be something in the will that indicates a contrary intention on the part of the testator, such as existed in the cases of Hughes et al. vs. Allen, 31 Georgia, 483, and Silcox vs. Nelson, 24 Georgia, 84, and similar cases. But this applies to bequests of personal estate, and as well settled as the rule is in such bequests, it is equally as firmly settled, both in England and the United States, that it does not apply to cases…
2Cases cited2 opinions
- Greene v. DennisSupreme Court of Connecticut · 1826
- Cox v. HarrisCourt of Appeals of Maryland · 1861
3Cited by5 opinions
- Snellings v. DownerSupreme Court of Georgia · 1942
- Capers v. CampSupreme Court of Georgia · 1979
- Smallpiece v. JohnsonSupreme Court of Georgia · 1954
- Hill v. HillSupreme Court of Georgia · 1920
- Capers v. CampSupreme Court of Georgia · 1979