Belt v. Simkins
Supreme Court of Georgia
Action for damages. Before H. D. D. Twiggs, judge pro hac vice. Emanuel superior court. December 31, 1900. On June 11, 1861, L. Carlton Belt died leaving a will bearing the same date, the material part of which is as follows: “ I give, devise, and bequeath the whole of my estate, real and personal, to my wife, Elizabeth T. Belt, during her widowhood to be absolutely under her control and management, as it is now under my own, being perfectly willing to trust my children to…
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Action for damages. Before H. D. D. Twiggs, judge pro hac vice. Emanuel superior court. December 31, 1900. On June 11, 1861, L. Carlton Belt died leaving a will bearing the same date, the material part of which is as follows: “ I give, devise, and bequeath the whole of my estate, real and personal, to my wife, Elizabeth T. Belt, during her widowhood to be absolutely under her control and management, as it is now under my own, being perfectly willing to trust my children to her care and her bounty. In the event of the marriage of my said wife after my death, then I'wish my property to be…
1Opinion of the CourtCobb, J.
Mr. Bispham in his work on the Principles of Equity {6th ed.), § 430, says: “The common-law remedy for waste, as extended by the statutes of Marlbridge and Gloucester, was a writ of waste, in which the thing wasted was forfeited, and damages were recovered. The writ of waste has been abolished in England, and the only common-law remedy which the remainderman now has is a special action on the case for damages. In many of the United States remedies for waste are given by statute; in some of them the place wasted being forfeited, and damages recovered; in others the remedy being simply an…
2Cases cited3 opinions
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Woodward v. GatesSupreme Court of Georgia · 1868
- Parker v. ChamblissSupreme Court of Georgia · 1852
3Cited by9 opinions
- Roby v. NewtonSupreme Court of Georgia · 1905
- Brigham v. OverstreetSupreme Court of Georgia · 1907
- Lee & Bradshaw v. RogersSupreme Court of Georgia · 1921
- Brown v. MartinSupreme Court of Georgia · 1912
- Warlick v. Great Atlantic & Pacific Tea Co.Supreme Court of Georgia · 1930
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