Odam v. Caruthers
Supreme Court of Georgia
In Equity, in Pulaski Superior Court, Tried, October Term, 1848, before Judge Scarborough. The following facts were agreed upon in the Court below: Archibald Odam, of Pulaski County, died in the year 18 — , intestate, leaving his wife, Elizabeth Odam, one of the defendants, him surviving, but leaving no child living. Prior to his death, he had two sons, James Odam and Archibald Odam, who had married and had issue, viz: James Odam had the two defendants, William W.C.
Read the full summary
In Equity, in Pulaski Superior Court, Tried, October Term, 1848, before Judge Scarborough. The following facts were agreed upon in the Court below: Archibald Odam, of Pulaski County, died in the year 18 — , intestate, leaving his wife, Elizabeth Odam, one of the defendants, him surviving, but leaving no child living. Prior to his death, he had two sons, James Odam and Archibald Odam, who had married and had issue, viz: James Odam had the two defendants, William W.C. Odam and Martha Townsend. Archibald’s children were the said plaintiffs — James M. Odam, A. H. Odam, Susan Donaldson, Penelopie…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The English Statute of Distributions, relative to the question made in this case, is different in one important particular from ours. The wife of the intestate, by the Stat. 22 and 23, Charles II. takes first from the estate one third, as a separate and independent provision. This she is entitled to, irrespective of the number of distributees besides herself.
If an intestate die, leaving a wife and one dozen children, she takes one third of the estate before the children are entitled to distribution at all. And if an intestate die, leaving a…
2Cited by10 opinions
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- Barfield v. AikenSupreme Court of Georgia · 1953
- Overton v. HeckathornWest Virginia Supreme Court · 1918
- Bird v. DykeSupreme Court of Georgia · 1924
- Cole v. ColeSupreme Court of Georgia · 1910
5 more not listed; retrieve them via the Exa API.