Jossey v. Brown
Supreme Court of Georgia
Equitable petition. Before Judge Reagan. Monroe superior court. February 2, 1903. On January 6, 1856, Reuben Brown made his will, giving therein a large number of slaves and valuable real estate to his unmarried daughter Lucinda. She soon after married John H. Jossey, who died about 1875, leaving no children except those adopted. His wife Lucinda did not remarry, and died, February 13, 1901, without ever having had born to her any child.
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Equitable petition. Before Judge Reagan. Monroe superior court. February 2, 1903. On January 6, 1856, Reuben Brown made his will, giving therein a large number of slaves and valuable real estate to his unmarried daughter Lucinda. She soon after married John H. Jossey, who died about 1875, leaving no children except those adopted. His wife Lucinda did not remarry, and died, February 13, 1901, without ever having had born to her any child. The case involves the determination of the question as to what disposition shall be made of real estate passing under the following provision in the will of…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) Stripped of all unnecessary verbiage, the devise here was in trust for Lucinda for life, with remainder to her children, if any; and if none, or those born died before reaching maturity, then over to any man with whom Lucinda might intermarry. The heirs general of Eeuben Brown insist that the birth of children was-a condition precedent to John H. Jossey’s right to take under the. will. We find some cases where, on the special words of the instrument, and giving effect to the testator’s evident intention, it was held that the devise over was dependent on a…
2Cases cited9 opinions
- Demill v. ReidCourt of Appeals of Maryland · 1889
- Snipes v. ParkerSupreme Court of Georgia · 1896
- Matthews v. HudsonSupreme Court of Georgia · 1888
- Farmers Banking Co. v. KeySupreme Court of Georgia · 1900
- Payne v. RosserSupreme Court of Georgia · 1875
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3Cited by34 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Kenning v. ReichelSupreme Court of Minnesota · 1921
- Fountain v. StateSupreme Court of Georgia · 1919
- Glore v. ScrogginsSupreme Court of Georgia · 1906
- Harper v. LindseySupreme Court of Georgia · 1926
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