Cogburn v. Ogleby
Supreme Court of Georgia
In Equity, in Morgan Superior Court. Decision on demurrer, by Judge Hardeman, September Term, 1855. The will of George L. Bird provided as follows: “ Item 1st. I will and desire that all my property, both real and personal, should be kept together, under the mam agement and control of my executors, to be hereafter named, for the support and education of my family. Item 2d.
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In Equity, in Morgan Superior Court. Decision on demurrer, by Judge Hardeman, September Term, 1855. The will of George L. Bird provided as follows: “ Item 1st. I will and desire that all my property, both real and personal, should be kept together, under the mam agement and control of my executors, to be hereafter named, for the support and education of my family. Item 2d. I give to my executor the privilege of selling such part of my estate as may seem best to him, either for the payment of my debts or for the better management of my estate. Item 3d. Should my wife Bhebe marry, it is my will…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
The question z’aised by this record is, whether the interest,. by the will of George L. Bird, conveyed to his son Lorenzo, was intended to vest in the latter at the death of the testator; or not until the youngest of his children should arrive at age or marry ? That is to say: whether the words of this will postponed the vesting of Lorenzo’s share until the happening of one .of the things just stated, and thus made the bequest contingent and dependent upon this event for its consummation ; or whether they postponed the possession merely until…
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