Riordon v. Holiday
Supreme Court of Georgia
In Equity, in Dooly Superior Court. Decided by Judge Warren, November Term, 1849. The questions in this cause arose upon the construction of the following item in the will of John Smith, deceased : “I lend the following property, (negroes) to Frances Holiday, Elizabeth Russell and Jarva Lane, children of my first wife; this loan to continue during their natural lives, and at their death, the property to be equally divided among the children of Frances Holiday and Jarva Lane;…
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In Equity, in Dooly Superior Court. Decided by Judge Warren, November Term, 1849. The questions in this cause arose upon the construction of the following item in the will of John Smith, deceased : “I lend the following property, (negroes) to Frances Holiday, Elizabeth Russell and Jarva Lane, children of my first wife; this loan to continue during their natural lives, and at their death, the property to be equally divided among the children of Frances Holiday and Jarva Lane; and in the event of Elizabeth Russell having child or children, they also to have one third part; but if the above…
1Opinion of the Court
*81 By the Court.
Warner, J.
delivering the opinion.
[1.] The main question involved in this case is, the proper construction to be given to the second clause of the testator's will.
For the plaintiff in error, it is contended, that it was the intention of the testator, that the property should be held by his three daughters for life, severally, by respective shares, and as each of them should die, the part of the one so dying;, should be divided between her children, except Elizabeth Russel’s share, which, in the event she died childless, was to be divided between the children of the other two; but…
2Cited by3 opinions
- Williams v. StudstillSupreme Court of Georgia · 1983
- Dunn v. BryanSupreme Court of Georgia · 1868
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903