Cooney v. Walton
Supreme Court of Georgia
Specific performance. Before Judge Hammond. Richmond superior court. February 3, 1920. Maurice Walton died in Augusta,- Ga., on March 6, 1913, leaving a will which was duly probated.
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Specific performance. Before Judge Hammond. Richmond superior court. February 3, 1920. Maurice Walton died in Augusta,- Ga., on March 6, 1913, leaving a will which was duly probated. The second item of the will was: “ All the real estate situate in the present corporate limits of the City of Augusta, Georgia, with the store buildings, dwellings, and other improvements that may be thereon, of or to which at my death I may be seized and possessed or entitled, or have the power to dispose of by will, I give and devise to my wife, Julia Scales Walton, to have and to hold for and during the term…
1Opinion of the CourtAtkinson, J.
There is no question as to the right of the life-tenant, Julia Scales Walton, to convey her interest in the land. The sole question is as to the jurisdiction of the court of equity to order a sale of the fee, before termination of the life-estate, that would be binding upon the contingent remaindermen, including persons now in life and possible unborn children of one of those now in life. No trust is involved, and the title under consideration that is sought to be divested is the plain legal title of contingent remaindermen. In Wilson v. Sullivan, 81 Ga. 238, 245 (7 S. E. 277), it was said: "…
2Cases cited21 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Curtiss v. BrownIllinois Supreme Court · 1862
- Gavin v. CurtinIllinois Supreme Court · 1898
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3Cited by22 opinions
- Estate of Spruill v. CommissionerUnited States Tax Court · 1987
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Ethridge v. PittsSupreme Court of Georgia · 1921
- Webb v. JonesSupreme Court of Georgia · 1966
- Morrow v. Vineville United Methodist ChurchCourt of Appeals of Georgia · 1997
17 more not listed; retrieve them via the Exa API.