Wetter v. Walker
Supreme Court of Georgia
Trusts. Estates. Husband and wife. Wills. Before Judge Harden. City Court of Savannah. February Term, 1878. Walker brought complaint against Wetter as trustee for his children, for materials furnished to, and work done on, the trust property (real estate), in November, 1872, and in November and December, 1873. The bill amounted to $116.05, besides interest. The defendant pleaded the general issue, and specially that no such trust existed.
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Trusts. Estates. Husband and wife. Wills. Before Judge Harden. City Court of Savannah. February Term, 1878. Walker brought complaint against Wetter as trustee for his children, for materials furnished to, and work done on, the trust property (real estate), in November, 1872, and in November and December, 1873. The bill amounted to $116.05, besides interest. The defendant pleaded the general issue, and specially that no such trust existed. The questions involed were submitted to the court without the. intervention of a jury, upon the following facts: The work was done and the material…
1Opinion of the Court
Bleckley, Justice.
1. “A devise of an estate generally, or indefinitely, with a power of disposition over it, candes a fee. But where the estate is given for life only, the devisee takes only an estate for life, though a power of disposition, or to appoint the fee by deed or will, be annexed; unless there should be some manifest general intent of the testator which would be defeated by adhering to this particular intent. Words of implication do not merge or destroy an express estate for life, unless it becomes absolutely necessary to uphold some manifest general intent.” 4 Kent’s Com., 319. “…
2Cases cited3 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Cook v. WalkerSupreme Court of Georgia · 1854
- Broach v. KitchensSupreme Court of Georgia · 1857
3Cited by14 opinions
- Knorr v. RaymondSupreme Court of Georgia · 1885
- French v. FrenchSupreme Court of Iowa · 1892
- Gadd v. StonerMichigan Supreme Court · 1897
- Guess v. MorganSupreme Court of Georgia · 1943
- Bienvenu v. First National Bank of AtlantaSupreme Court of Georgia · 1941
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