Edmondson v. Dyson
Supreme Court of Georgia
In Equity, in Wilkes Superior Court. Decided by Judge Sayre, September Term, 1849. Ann S. Rakestraw, by her last will, bequeathed the whole of her estate to John H. Dyson, “ in trust, for the sole and exclusive use of her beloved husband, Gainham L. Rakestraw, during his natural life, and after his death, to convey the same absolutely to such person’ as the said Gainham should by will appoint, and on failure of appointment, to convey the same to the heir or heirs at law of…
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In Equity, in Wilkes Superior Court. Decided by Judge Sayre, September Term, 1849. Ann S. Rakestraw, by her last will, bequeathed the whole of her estate to John H. Dyson, “ in trust, for the sole and exclusive use of her beloved husband, Gainham L. Rakestraw, during his natural life, and after his death, to convey the same absolutely to such person’ as the said Gainham should by will appoint, and on failure of appointment, to convey the same to the heir or heirs at law of the said Gainham L. absolutely.” Gainham L. Rakestraw died without making any appointment. William L. Edmondson and wife…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
The complainants in this case seek to recover, as legatees, under the will of Mrs. Ann S. Rakestraw. The complainants insist that Mrs. Sarah Jane Edmondson is the legitimate heir-at-law of Gainham L. Rakestraw, deceased.
[1.] The right of the complainants to recover, must depend on the construction to be given to the Act of 1826, which is entitled An Act to change the names of certain persons therein mentioned, and legitimatize the same. The first section of the Act declares, “ that Lucinda Rouch and William Madden shall be known inlaw by the…
2Cases cited1 opinion
- Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by6 opinions
- A----. B v. C----. DIndiana Court of Appeals · 1971
- Dukes v. Ralston Purina Co.Court of Appeals of Georgia · 1972
- Johnstone v. TaliaferroSupreme Court of Georgia · 1899
- Savage v. BlanksCourt of Appeals of Georgia · 1968
- A.- B. v. C.- D.Indiana Court of Appeals · 1971
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