Armistead v. Armistead
Supreme Court of Georgia
Bill in equity, in Walton Superior Court, and decision by the Hon. Nathan L. Hutchins, at the February Term, 1861. On the 30th of October, 1856, John Armistead made and published in due form his last will and testament, which after directing the payment of his debts, contained the items following, that is to say : “ Item 1st. I give and bequeath to my daughter Betsey Daniel, and to her lawful children, five hundred dollars.” “ Item 2d.
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Bill in equity, in Walton Superior Court, and decision by the Hon. Nathan L. Hutchins, at the February Term, 1861. On the 30th of October, 1856, John Armistead made and published in due form his last will and testament, which after directing the payment of his debts, contained the items following, that is to say : “ Item 1st. I give and bequeath to my daughter Betsey Daniel, and to her lawful children, five hundred dollars.” “ Item 2d. I give and bequeath to my son William Armistead, one stud-horse and four hundred dollars.” “Item 3d. I give and bequeath to my son John Armistead, junior, one…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
What is a share of the testator’s estate ? Does the residuum have to be divided into three parts, and are the legatees mentioned in the third, fifth and eleventh items of the will alone entitled to it; or is his remaining property, real and personal, after deducting the eight specific legacies, to be divided into eleven parts; and are all entitled to participate ?
It is impossible to solve this question with any certainty. We guess and conjecture, this is all. One of the Court adopted the former opinion—the other two Judges the latter— though all…
2Cited by8 opinions
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- Ragan v. National City BankSupreme Court of Georgia · 1933
- In re the Estate of BlodgettNew York Supreme Court · 1938
- Hall v. BeecherSupreme Court of Georgia · 1969
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