Legal Opinion

Carlton v. Price

Supreme Court of Georgia

Decided October 15, 1851No. 70PublishedCited by 4 opinions

Trover, from Chattooga Superior Court. Tried before Judge Jno. H. Lumpkin, April Term, 1851. The facts of this case are as follows: Mrs. Lucy Carlton, of the State of Alabama, died,, leaving a will, in- which was the following bequest: “ I give and bequeath to my son, Robert W. Carlton, during his natural life, and at his death to the lawfully begotten heirs of his body, the following property, to wit: Aggy, a woman- about thirty-two years of age, and the rest of her…

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Trover, from Chattooga Superior Court. Tried before Judge Jno. H. Lumpkin, April Term, 1851. The facts of this case are as follows: Mrs. Lucy Carlton, of the State of Alabama, died,, leaving a will, in- which was the following bequest: “ I give and bequeath to my son, Robert W. Carlton, during his natural life, and at his death to the lawfully begotten heirs of his body, the following property, to wit: Aggy, a woman- about thirty-two years of age, and the rest of her children, to wit, James, Caroline, Sarah, Manuel and John,, and all their increase forever. Nevertheless, if the said Robert W.…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The only question made in this'case, is as to the construction of the second clause of the will of the testatrix.

*497By the second clause of the will, the testatrix made the following bequest: “ I give and bequeath to my son Robert W. Carlton, during his natural life, and at his death to the lawfully begotten heirs of his body, the following property, (to wit:) Aggy, a woman about thirty-two years of age, and the rest of her children, to wit, James, Caroline, Sarah, Manuel, and John, and all their increase forever. Nevertheless, if the said…

2Cited by4 opinions

  1. Hertz v. AbrahamsSupreme Court of Georgia · 1900
  2. Hill v. TerrellSupreme Court of Georgia · 1905
  3. Taylor v. DychesSupreme Court of Georgia · 1882
  4. McCord v. WhiteheadSupreme Court of Georgia · 1896

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