Felton v. Hill
Supreme Court of Georgia
Construction of Wills. Practice. Before Judge Clark, Macon Superior Court. December Term, 1870. Augustus Cicero Felton, a minor, by his guardian, brought his bill of complaint, against Howard Hill ( and his wife, Carrie E. Hill, Joel B. Griffin, Clerk of the Superior Court, John M. Greer, his deputy, John L. Parker, Ordinary, Joshua Theus, and his wife Lavinia, and Elizabeth Felton, all of said county of Macon, averring as follows: Shadrach R. Felton, late of said county,…
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Construction of Wills. Practice. Before Judge Clark, Macon Superior Court. December Term, 1870. Augustus Cicero Felton, a minor, by his guardian, brought his bill of complaint, against Howard Hill ( and his wife, Carrie E. Hill, Joel B. Griffin, Clerk of the Superior Court, John M. Greer, his deputy, John L. Parker, Ordinary, Joshua Theus, and his wife Lavinia, and Elizabeth Felton, all of said county of Macon, averring as follows: Shadrach R. Felton, late of said county, died on or about the - day of April, 1852, testate, and leaving as his legatees, his widow, the said Lavinia, John Micajah…
1Opinion of the CourtLochrane, C. J.
The legal questions presented by the record in this case, arise under the construction of the will of Shadrach Eelton, deceased, and we will present briefly the judgment of the Court in the premises.
1. It is clear to our mind that under the first item of the will John Micajah Felton took a life-estate, and it is equally clear that under the first item of the codicil he took an absolute estate. Whether the language used in the codicil in regard to the property therein mentioned is intended to be substitutional for that-withdrawn from the first item of the will, we will discuss here ■ after. In…
2Cited by7 opinions
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