LaRoche v. Kinchlo
Supreme Court of Georgia
Equitable petition. Before Judge Meldrim. Chatham superior court. December 2, 1919. Susan Kinchlo et al. brought an equitable petition against I. D. LaRoche, and alleged substantially as follows: The petitioners are residuary legatees -under the will of W. H. Stiles, deceased. At the death of Stiles he left a certain described tract of land in Chat-ham County, Georgia, known as Stiles Park, containing twelve acres, more or less.
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Equitable petition. Before Judge Meldrim. Chatham superior court. December 2, 1919. Susan Kinchlo et al. brought an equitable petition against I. D. LaRoche, and alleged substantially as follows: The petitioners are residuary legatees -under the will of W. H. Stiles, deceased. At the death of Stiles he left a certain described tract of land in Chat-ham County, Georgia, known as Stiles Park, containing twelve acres, more or less. Under the will of Stiles, Hamilton Hardee was made life-tenant, with the proviso that if Hardee had any children the fee should vest in them. Hardee allowed the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) As against a general demurrer we think the petition set forth a cause of action, and that the court did not err in overruling the demurrer. It is argued that there is llo allegation in the petition that the plaintiffs are the children of Hardee, the life-tenant, or that they claim under his children, nor is there any allegation that I-Iardee did not have any children. The petition alleged that the plaintiffs are the residuary legatees of W. H. Stiles, deceased, and in effect that as such residuary legatees they are entitled to the property. As against a…
2Cases cited1 opinion
- Williams v. ShumanSupreme Court of Georgia · 1913
3Cited by2 opinions
- Mark Turner Properties, Inc. v. EvansSupreme Court of Georgia · 2001
- LaRoche v. Liberty Bank & Trust Co.Supreme Court of Georgia · 1921