Thornton v. Burch
Supreme Court of Georgia
In Equity, in Elbert Superior Court. Decision by Judge James Thomas, September Term, 1856. William S. Burch, by his will, loaned all of his property, both real and personal, to his wife during her natural life, and at her death, provided “ the whole of my estate be sold, and the moneys from the same be put into three equal shares, share and share alike.”
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In Equity, in Elbert Superior Court. Decision by Judge James Thomas, September Term, 1856. William S. Burch, by his will, loaned all of his property, both real and personal, to his wife during her natural life, and at her death, provided “ the whole of my estate be sold, and the moneys from the same be put into three equal shares, share and share alike.” “ The one-third part of the moneys so arising from the sale of the whole of my estate, 1 give and bequeath to be equally divided betwixt the whole of my above named brothers and sisters.” D. Thornton, as administrator of one of the brothers,…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The tenant for life died on the 1st day of July, 1855.. The complainant, as the legal representative of one of the the remainder-men, asks for an account of the growing crop of that year. The tenant for life possessed an uncertain estate in the land, which was determined by the act of Godj between the planting and the severance of the crop, and her executor is entitled to the emblements. (Sheppard's Touch. 431, 471; 2 Black. Com. 122.)
[2.] There is no ground in law for the executor of the tenant for life to set up a claim to the labor of…
2Cases cited1 opinion
- Patten v. GurneyMassachusetts Supreme Judicial Court · 1821
3Cited by11 opinions
- Crawford v. ClarkSupreme Court of Georgia · 1900
- Barmore v. GilbertSupreme Court of Georgia · 1921
- Bailey v. RossSupreme Court of Georgia · 1881
- Biggers v. GladinSupreme Court of Georgia · 1948
- Trust Co. v. KennySupreme Court of Georgia · 1939
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