Jackson v. Coggin
Supreme Court of Georgia
In Equity, in Pike Superior Court. Decision on demur- - rer, by Judge Cabaniss, at chambers, 27th June, 1859. The ninth item of the will of John Coggin, deceased, was as follows: “1 give to my daughter, Mary Scott, and her children, free ■from the disposition of an]r future husband, Anaky, and her two children, viz: Floy and Martha; and Letty, and her child Winny, and Minerva and Miles, and Rose, and increase, and three hundred dollars in money or notes, at my death.”
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In Equity, in Pike Superior Court. Decision on demur- - rer, by Judge Cabaniss, at chambers, 27th June, 1859. The ninth item of the will of John Coggin, deceased, was as follows: “1 give to my daughter, Mary Scott, and her children, free ■from the disposition of an]r future husband, Anaky, and her two children, viz: Floy and Martha; and Letty, and her child Winny, and Minerva and Miles, and Rose, and increase, and three hundred dollars in money or notes, at my death.” Mrs. Scott is living, and has nine children. The bill is filed by Hardy R. Jackson, (who intermarried with Nancy C. Scott, one…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
The only question in this case is, does Mary Scott, the daughter of testator, take a life estate in the property bequeathed in the ninth item of her father’s will; or, does she take as joint tenant with her children ?
There is no doubt, that according to the rule of the common law, as well asoné of the resolutions in Wild’s case, (6 Coke, 17 a.) the mother and the children take a joint estate, unless there are some words which show a manifest and certain intent in the will to the contrary. In this case, the only words relied on, are, that the…
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