Cheney v. Selman
Supreme Court of Georgia
Wills. ' Legacies. Bes adjudioata. Judgments. Estoppel. Before Judge Brown. Cobb Superior Court. November Term, 1883. Selman, as guardian of W. H. and J. D. Cleckler, brought his action against Cheney, executor of Shadrach Jackson, alleging, in substance, as follows: Shadrach Jackson died testate.
Read the full summary
Wills. ' Legacies. Bes adjudioata. Judgments. Estoppel. Before Judge Brown. Cobb Superior Court. November Term, 1883. Selman, as guardian of W. H. and J. D. Cleckler, brought his action against Cheney, executor of Shadrach Jackson, alleging, in substance, as follows: Shadrach Jackson died testate. His will, after leaving certain specific legacies, contained a residuary clause, by which it was provided that the balance of testator’s property should be divided among certain legatees, among whom were “ the children of Tilda Cleckler.” Tilda Cleckler had but one child, a son, who died before the…
1Opinion of the Court
Hall, Justice.
The bequest in question was to the ££ children of Tilda Cleckler,” Neither at the execution of the will nor at *386the death of the testator were there any children of Tilda Cleckler in life. She had one son, George W. Cleckler, who was dead, but who left surviving him his children, who are the wards of the plaintiff in this suit.
The principal question in this case is, whether this legacy, under our law, lapsed, or whether it vested in the children of the said George W. Cleckler?
The will was executed on the 25th day of April, 1872.
1. By the act of 1836 (Code, §2462), “ If a legatee…
2Cited by27 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Holcombe v. JonesSupreme Court of Georgia · 1944
- Dennis v. HolsappleIndiana Supreme Court · 1897
- Rudolph v. RudolphIllinois Supreme Court · 1904
- Moss v. YoungbloodSupreme Court of Georgia · 1938
22 more not listed; retrieve them via the Exa API.