Springer v. Congleton
Supreme Court of Georgia
Demurrer in Equity, from Scliley county. Decision by Judge Wokrill, October Term, 1860. The defendant in error, Burton A. Congleton, filed this bill to recover of the executor of Jesse Cherry, deceased, part of a residuary legacy claimed to be due John Choice, one of the legatees under the will of’deceased, and which the said Choice had assigned to the said Burton A. Congleton for value.
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Demurrer in Equity, from Scliley county. Decision by Judge Wokrill, October Term, 1860. The defendant in error, Burton A. Congleton, filed this bill to recover of the executor of Jesse Cherry, deceased, part of a residuary legacy claimed to be due John Choice, one of the legatees under the will of’deceased, and which the said Choice had assigned to the said Burton A. Congleton for value. It appears by the bill, that there were six legatees named in said will; among them the said John Choice and Naomi Lilly; but it is alleged that there were really only five legatees entitled to take under…
1Opinion of the Court
By the Court.
Stephens, J.,
Delivering the opinion.
This case turns solely upon the construction of the last clause in the will. Did the testator intend to give the estate to certain persons whom he names, and who happened to be children of his two sisters ? or did he intend to give it to a class described as children of his two sisters, including all who fell within the class, and none who did not fall within it, the names of the children being mentioned only as a supposed correct enumeration of the individuals who composed the class? He says “it shall be divided with my two sisters’ children,…
2Cited by14 opinions
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- Swallow v. SwallowMassachusetts Supreme Judicial Court · 1896
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