Legal Opinion

Forman v. Troup

Supreme Court of Georgia

Decided June 15, 1860PublishedCited by 9 opinions

Decision on Demurrer at April Term, 1859, of Chatham Superior Court, by the Hon. William; B. Fleming. Mr. Justice Lumpkin states the facts of the case in his opinion.

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

I have no difficulty whatever in arriving at the conclusion that the devise over in this will is good. "Viewed either in the light of "our own legislation, or by the technical rules of Westminster Hall, there is no legal obstacle in the way of the manifest intention of this testator.

According to the English decisions this is not a limitation void under the rule against perpetuities. Let us examine it for a moment. The devise to the children named “ who are to have and to hold the same to them respectively, their heirs and assigns forever,” would…

2Cited by9 opinions

  1. Hertz v. AbrahamsSupreme Court of Georgia · 1900
  2. First Nat. Bank of Atlanta v. JenkinsSupreme Court of Georgia · 1986
  3. Patton v. VanterpoolSupreme Court of Georgia · 2017
  4. Patton v. VanterpoolSupreme Court of Georgia · 2017
  5. Printup v. HillU.S. Circuit Court for the Northern District of Georgia · 1901

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