Beavers v. Harvey
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Harris. Campbell superior court. February term, 1896. The will of W. J. Ware, dated February 4, 1888, after providing for the payment of debts, contained the following items: “Third.
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Exceptions to auditor’s report. Before Judge Harris. Campbell superior court. February term, 1896. The will of W. J. Ware, dated February 4, 1888, after providing for the payment of debts, contained the following items: “Third. I give, bequeath and devise to Hester Ann Miller and her children, to wit, Richard Miller, Sissie Miller, John Miller, Joseph Miller, Robert Miller, and William Miller, all my estate real and personal, to be equally divided between them, share and share alike. I do not desire that the property shall be sold, but kept together until the youngest child shall become of…
1Opinion of the CourtCobb, J.
In the case of Harvey v. Miller, 95 Ga. 766, the will which is relied on by the plaintiff’s usee for a recovery in this case was before the court. Justice Atkinson in the opinion uses the following language: “The great purpose designed to be accomplished by the testator being to keep his estate in*187tact until the youngest child attained its majority, and at the same time, out of the estate, to provide a support for the maintenance of them all, it occurs to us that no better plan could have been devised for carrying into effect the real purpose of the testator with respect to his estate than for…
2Cases cited1 opinion
- Harvey v. MillerSupreme Court of Georgia · 1895
3Cited by2 opinions
- Thompson v. SandersSupreme Court of Georgia · 1901
- Pearson v. HaydelMissouri Court of Appeals · 1901