Doyal v. Smith
Supreme Court of Georgia
In Equity, from Henry county. Decision by Judge Cabaniss, at April Term, 1858. This was a bill in equity, filed by John A. Smith, executor of the last will and testament of Elijah S. Boynton, deceased, for the aid and direction of a court of equity in the execution of said will, and especially to have the 9th clause of said will construed and expounded. Said clause is as follows: r “ Item 9th.
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In Equity, from Henry county. Decision by Judge Cabaniss, at April Term, 1858. This was a bill in equity, filed by John A. Smith, executor of the last will and testament of Elijah S. Boynton, deceased, for the aid and direction of a court of equity in the execution of said will, and especially to have the 9th clause of said will construed and expounded. Said clause is as follows: r “ Item 9th. At my death I give 'and bequeath to my wife, Elizabeth Boynton, during her lifetime or widowhood,, the west half of my lands, with a good house and farming tools, two cows and calves, and one year’s…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
1. Ought the testimony of Elizabeth Boynton to have-been received to show what disposition the testator intended to make of t.he west half of the laud after the death or marriage of his widow' ?
The will leaves it wholly undevised ; and to allow this evidence would be to add another' dispository clause, to-the will, which the testator himself has not seen fit to-make. True, we may conjecture that he had an indistinct idea in- his mind, that the minor children would use and occupy this land, not only during the lifetime of their mother, but until…
2Cited by9 opinions
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- Logan v. HammondSupreme Court of Georgia · 1923
- Robinson v. RamseySupreme Court of Georgia · 1925
- Hall v. BeecherSupreme Court of Georgia · 1969
- Scheridan v. ScheridanCourt of Appeals of Georgia · 1974
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